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Brms  of  Carroll,  Cbxcte  of  El\}, 
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"THE  ilFE  OF 

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BY 
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THE  LIFE  OF 

Charles  Carroll 

OF  CARROLLTON 
'737-18^2 

WITH  H,S  CORRESPONDENCE  AND 
PIJBLIC  PAPERS 


KATE  MASON  ROWLAND 

Author  Of  ..The  Life  of  George  Mason  .- 


VOLUME  I. 


G.  P.  PUTNAM'S  SONS 
NEW  YORK  &  LONDON 
^be  -ftiwcfterbocfter  prcaa 
1898 


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na:l;j 


Copyright,  1897 

BV 

KATE  MASON  ROWLAND 


Ube  ftniclterbocli<r  preae,  Dew  IQovft 


ILLUSTRATIONS. 


PACt 

Arms  of  Carroll,  Chiefs  of  Ely,  King's  County, 

Ireland Frontispiece 

Charles  Carroll  of  Carrollton  .    .    .    i 

From  a  portrait  by  Lati  after  Stuart.  Copied  by  per- 
mission of  the  ^laryland  }{istorical  Society  from  its 
"Centennial  Memorial"  publication. 

Carroll  House  at  Annapolis  ....      70 

From  a  photograph. 

Charles  Carroll,  Attorney-General  of  Mary- 
land— 1660-1720 212 

From  a  photograph  of  his  portrait  at  "  Doughoregan 
Manor." 

Carroll  Chart,   or  "  Genealogical  Synopsis 

of  the  O'Carroll  Pedigree  "     .        .  401 

From  yournal  of  the  Royal  Historical  and  Archtjeo- 
logical  Associatioft  of  Ireland, 


m 


^^'**- ?^  %'«■  W^^JgVW  •y^^mmm^i 


CONTENTS 


CHAFTIR 


Introduction 

Preface       

Bibliography 

List  of  Carroll  Portraits 

I. — Ancestry  and  Early  Years.     1688-17^^ 

II. — Student  Life  Abroad,     i  758-1 764  . 

Ill, — Politics  and  Matrimony.     1765-1772 

IV. — Letters  of  the  First  Citizen.     1773-1775 

V. — The  Mission  to  Canada.     1775-1776 

VI. — A  Constitution  Maker.     1776-1777 

VII. — In   the   Continental   Congress.     1777- 

1778 


Appendix  A. — Letters   of   the  First  Citizen 

1773 

Letter  1.     February  4    . 

Letter  2.     March  ii 

Letter  3.     May  6      .        .        . 

Letter  4.    July  i     .        .        . 

Appendix  B. — Journal  of  Charles  Carroll  of 
Carrollton.     1776        .        ,        .        . 

V 


PAUB 

vn 
xi 

xvii 

xix 

I 

37 
70 

97 

140 

177 
2ia 

243 

24s 
256 

283 

3»8 

363 


anM>»nv.»M«.-»««.,.    ,.    ..j,.^.,.,.^,...,  ■   — 


INTRODUCTION. 

IN  1825  the  "  Life  of  Richard  Henry  Lee"  was 
dedicated  by  its  author,  Richard  Henry  Lee  of 
Leesburg,  Virginia,  to  "Thomas  Jefferson,  John 
Adams,  and  Charles  Carroll,  the  Surviving  ^signers 
of  the  Declaration  of  Independence."  The  Virgin- 
ian and  the  son  of  Massachusetts  have  long  been 
known  to  the  world  through  voluminous  volumes, 
containing  all  that  they  wrote,  and  portraying  all 
that  they  achieved  on  the  stage  of  American  history. 
But  it  has  not  been  so  with  the  Marylander.  The 
biography  of  Charles  Carroll  of  Carrollton,  the  last 
of  the  Signers,  has  never  been  fully  written.  And 
it  is  believed  that  the  publication  of  his  letters  and 
papers,  with  a  detailed  account  of  his  public  services, 
will  be  acceptable  to  all  historical  students,  and  will 
enhance  and  substantiate  the  already  high  reputa- 
tion of  this  pure  and  noble-minded  statesman,  the 
peer  in  character  and  intellect  of  any  of  the  great 
Revolutionary  leaders. 

Charles  Carroll's  life  may  be  roughly  divided  into 
three  periods :  thirty  years,  more  than  half  of  them 
spent  abroad,  in  preparation  for  the  patriotic  duties 
which  awaited  him  ;   thirty  years  in  the  service  of 


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introduction. 


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his  State  and  country ;  thirty  years  in  scholarly  re- 
tirement, where,  as  a  close  and  interested  observer 
of  public  events,  he  remained  in  touch  with  the  out- 
side world  even  to  the  last  months  almost  of  an 
unusually  long  earthly  career. 

For  the  first  period  here  enumerated,  the  chief 
interest  of  this  biography  will  centre  in  the  corre- 
spondence between  Charles  Carroll  of  CarroUton  and 
his  father,  of  which  there  remain  letters  dating  from 
1753  to  1764  inclusive.  The  second  period  will 
include  the  Revolution  and  the  stirring  years  in  Mary- 
land preceding  it,  when,  in  1773,  Charles  Carroll  first 
became  known  as  a  patriot,  through  the  famous 
"  Letters  of  the  First  Citizen."  His  mission  to  Ca- 
nada, his  course  in  the  Continental  Congress,  where 
he  signed  the  Declaration  of  Independence,  his 
service  in  the  Revolutionary  councils  of  Maryland, 
and  finally  in  the  United  States  Senate  and  in  the 
Senate  of  his  native  State,  make  up  a  brilliant  and 
important  parliamentary  record  ending  only  with  the 
defeat  of  the  Federalists  and  the  election  of  Jefferson 
in  1 80 1.  The  closing  period  of  thirty  years  presents 
to  us  the  philosopher,  looking  out  from  his  retreat 
at  the  busy  scenes  in  which  he  had  borne  so  conspic- 
uous a  part,  and  at  the  first  a  pessimist,  as  was  nat- 
ural with  a  leader  of  the  party  out  of  power,  but 
afterwards  more  hopeful  of  his  country's  future,  and 
always  solicitous  for  the  public  good.  Finally,  as  his 
eminent  contemporaries  drop  down,  one  by  one,  at 
his  side,  he  is  left  to  receive,  concentrated  upon  his 
venerated  person,  the  respectful  affection  and  esteem 
he  had  hitherto  shared  with  others.     And  men  felt 


introduction. 


tx 


that  in  awarding  to  Carroll  that  tribute  which  was 
his  by  virtue  of  his  position  as  the  last  of  the  band  of 
1776  who  had  signed  the  Charter  of  Independence, 
they  bestowed  it  felicitously,  where  singular  piety 
and  private  virtue  added  lustre  to  talents  and  civic 
integrity. 

In  1895,  when  Charles  Carroll  had  been  in  his 
grave  sixty-three  years,  his  name  and  fame  had  be- 
come so  enwoven  with  Maryland  history  and  tradi- 
tion as  to  make  his  story  appear,  in  his  own  State,  a 
fitting  theme  for  the  drama.  He  was  impersonated 
at  this  time,  on  the  Baltimore  stage,  as  the  youthful 
hero  of  a  play,  with  its  due  commingling  of  love,  pa- 
triotism, and  adventure.  The  venerable  sage,  whom 
the  greac-grandfathers  of  eighty  to-day  recollect  as 
they  saw  him  in  their  boyhood,  was  to  be  associated 
in  the  imaginations  of  the  youth  of  this  generation 
with  those  early  years  when,  fresh  from  the  old- 
world  splendors  of  Paris  and  London,  Carroll  came 
back  to  his  provincial  home  across  the  sea  to  find 
the  whole  land  tingling  and  throbbing  with  the  first 
ardent  pulsations  of  the  approaching  Revolution. 
It  is  fitting,  perhaps,  that  almost  simultaneously 
with  this  romantic  and  dramatic  presentation  of 
Charles  Carroll  of  Carrollton,  history's  soberer  muse 
should  render  him  the  tribute  his  merits  demand, 
correcting  tradition  and  shunning  fable,  and,  wher- 
ever it  is  possible,  letting  his  own  pen  guide  her 
record. 


'■ ' 


PREFACE. 


WHILE  it  is  believed  that  the  biography  of 
Charles  Carroll  of  Carrollton  will  meet  a 
public  want,  it  should  be  here  stated  that  these  vol- 
umes have  been  prepared  at  the  request  of  a  mem- 
ber of  the  Carroll  family  who  defrays  the  whole  cost 
of  their  publication.  The  descendants  of  Charles 
Carroll  who  have  given  the  author  the  use  of  their 
family  papers,  as  indicated  in  the  footnotes  to  this 
work,  are  the  Hon.  John  Lee  Carroll  of  "  Doughore- 
gan  Manor,"  Maryland,  the  Rev.  Thomas  Sim  Lee 
of  Washington,  D.  C,  and  Mrs.  William  C.  Pen- 
nington of  Baltimore.  From  the  late  Dr.  Charles 
Carroll  Lee  of  New  York  a  letter  of  his  ancestor 
was  procured.  And  assistance  in  compiling  the 
Genealogical  Notes  has  been  afforded  by  Genl. 
Charles  Fitzhugh  of  Pittsburg,  Pennsylvania,  a  de- 
scendant of  the  Carrolls  of  Duddington.  A  list  is 
given  below  of  the  autograph  collectors  and  others 
who  have  courteously  responded  to  the  request  for 
copies  of  their  Carroll  letters,  though  some  of  those 
sent  were  not  deemed  of  sufficient  historical  impor- 
tance to  be  included  in  the  biography : 

The  late  Dr.  John  S.  H.  Fogg  of   Boston ;  Dr, 


), 


.1 


xu 


Preface, 


% 


I!     * 


Thomas  Addis  Emmet,  D.  McN.  Stauffer,  William 
Bailey  Faxon,  and  Hiram  Hitchcock  of  New  York ; 
Charles  Roberts,  Simon  Gratz,  Stan.  V.  Henkels, 
and  Charles  P.  Keith  of  Philadelphia;  Worthington 
C.  Ford,  from  the  collection  of  the  late  Gordon  L. 
Ford,  Brooklyn,  N.  Y. ;  Nathaniel  Paine,  Worces- 
ter, Mass. ;  Frank  D.  Andrews,  Vineland,  N.  J. ; 
Charles  J.  Hoadly,  LL.D.,  Hartford,  Conn. ;  Rob- 
ert J.  Hubbard,  Cazenovia,  N.  Y. ;  Arba  Borden, 
Dorchester,  Mass. ;  Howard  K.  Sanderson,  Lynn, 
Mass. ;  John  M.  Hale,  Philipsburg,  Penn. ;  Peter 
Van  Schaack,  Chicago,  111. ;  Miss  M.  A.  Cohen,  Bal- 
timore, Md.,  from  the  collection  of  the  late  Dr. 
Joshua  I.  Cohen. 

Valuable  letters  were  obtained  from  the  Archives 
of  the  State  of  Maryland,  in  custody  of  the  Maryland 
Historical  Society,  and  from  the  manuscript  collec- 
tions owned  by  the  Society,  every  facility  for  making 
copies  being  given  the  author.  She  met  with  sim- 
ilar consideration  from  the  Johns  Hopkins  Univer- 
sity, where  there  are  some  quite  important  Carroll 
papers  among  the  Scharf  MSS.  there.  Copies  of 
Carroll  letters  were  also  kindly  given  the  author  by 
Mr.  Martin  I.  J.  Grififin  of  Philadelphia,  editor  of 
"  American  Catholic  Historical  Researches  "  ;  by  the 
Oneida  Historical  Society,  Utica,  N.  Y.,  through 
its  Corresponding  Secretary,  Genl.  Charles  W.  Dar- 
ling; by  the  New  York  State  Library,  Albany, 
through  George  R.  Howell,  Archivist ;  and  by  the 
Wisconsin  Historical  Society,  Madison,  through  its 
'"^cretary,  Reuben  G.  Thwaites.  From  the  Penn- 
sylvania HistoriCfil   Society,   the   Harvard    College 


i 


if.' 


Preface, 


•  • » 

Xlll 


Library,  and  the  Department  of  State,  permission 
was  obtained  to  have  the  valuable  Carroll  letters 
in  tiiese  repositories  copied. 

The  author  takes  pleasure  in  expressing  her  thanks 
for  very  great  assistance  in  her  researches  in  Annap- 
olis, to  Mr.  George  H.  Shafer  of  the  Land  Office. 
She  acknowledges  her  obligations  also  to  the  Libra- 
rians of  the  State  Library  at  Annapolis,  the  His- 
torical Library,  Baltimore,  and  the  Congressional 
Library,  Washington  ;  and  for  services  of  various 
kinds  she  is  indebted  to  Dr.  Edmund  J.  Lee  of 
Philadelphia;  to  Mr.  William  C.  Pennington,  Mr. 
Henry  Thompson,  Mr.  John  C.  Carpenter,  Dr. 
Christopher  Johnson,  and  Mrs.  Fielder  C.  Slinglufif 
of  Baltimore  ;  Snowden  Hill,  Esq.,  of  Upper  Marl- 
boro, Md. ;  the  Rev.  J.  H.  Richards,  S.  J.,  President 
of  Georgetown  College,  Georgetown,  D.  C. ;  and  Mr. 
George  G.  Eaton,  Mrs.  Vernon  Dorsey,  and  the  late 
Dr.  Joseph  M.  Toner  of  Washington,  D.  C. 

It  is  greatly  to  be  regretted  that  the  collection  of 
Charles  Carroll's  correspondence,  and  other  papers, 
in  possession  of  Miss  Virginia  Scott  McTavish  of 
Rome,  Italy,  have  not  been  accessible  to  the  present 
writer.  It  is  believed,  however,  that  copies  of  the 
more  important  letters  were  made  by  Mr.  Penning- 
ton and  the  Rev.  Mr.  Lee,  and  are  therefore  included 
in  these  volumes. 

In  classifying  the  autographs  of  the  Signers  of  the 
Declaration  of  Independence,  Charles  Carroll  of 
Carrollton's  is  placed  among  those  most  readily  ob- 
tained. He  must  have  written  thousands  of  letters 
in  the  course  of  his  long  life.     Dozens  of  them  have 


I ' 


,!' 


XIV 


Preface. 


passed  through  the  hands  of  autograph  dealers  within 
recent  years.  At  "  Doughoregan  Manor  "  there  are 
over  a  hundred  letters  of  Charles  Carroll  to  his  son, 
from  which  selections  have  been  made  for  this  biog- 
raphy. And  in  the  McTavish  Collection  there  are 
many  of  Charles  Carroll's  youthful  letters,  written 
to  his  father.  Mr.  John  C.  Carpenter  had  the  Mc- 
Tavish papers  in  his  hands  in  1874,  while  writing 
his  Carroll  articles  for  Appleton's  Journal^  and  made 
selections  from  them.  They  contain,  it  is  under- 
stood, some  important  correspondence  relating  to 
French-Canadian  affairs,  in  connection  with  the 
mission  to  Canada  in  1776.  The  commercial  value 
of  Charles  Carroll's  letters  may  be  indicated  by  the 
sums  the  Carroll  letters  in  the  Leffingwell  Collec- 
tion brought,  at  the  auction  sale  of  the  latter  in 
1891.  Nine  letters,  quarto  size,  of  from  one  to 
three  pages  in  length,  almost  all  having  good  por- 
traits attached  to  them,  brought  only  sums  ranging 
from  $2.25  to  $9.  A  letter  of  one  page  folio,  how- 
ever, dated  1777,  sold  for  $22.  Mr.  Walter  R.  Ben- 
jamin of  New  York,  the  autograph  dealer,  it  may 
be  added,  asked  $10  and  $15  apiece  for  some  Car- 
roll letters  he  had  for  sale,  several  years  ago. 

It  should  be  explained  in  regard  to  the  notes  to 
the  **  Letters  of  the  First  Citizen,"  that  those  which 
designate  the  sources  of  the  classical  quotations  are 
not  Carroll's.  Many  of  these  Latin  lines  or  phrases 
were  so  incorrectly  printed  in  the  old  newspapers 
from  which  these  essays  are  taken,  as  to  be  scarcely 
intelligible.  And  they  were  traced  to  the  originals 
for  the  present  writer  by  a  gentleman  familiar  with 


I  > 


Preface, 


XV 


classical  literature,  who  has  thus  rendered  a  needed 
service  to  Charles  Carroll's  reputation  for  elegant 
scholarship,  by  enabling  the  copyist  to  reproduce 
his  quotations  in  the  form  he  must  have  penned 
them  himself. 

The  Canada  Journal  of  Charles  Carroll,  given  in 
the  Appendix,  is  republished  from  the  Maryland 
Historical  Society's  "Centennial  Memorial."  The 
original  manuscript,  which  is  in  possession  of  the 
Society,  and  was  first  published  by  them  in  1845, 
was  given  to  them  in  1844  by  Mrs.  Emily  Caton 
McTavish,  she  having  received  it  from  her  grand- 
father, Charles  Carroll  of  Carrollton,  in  1823. 

It  will  be  of  interest  to  genealogists  to  know  that 
an  investigation  of  the  line  of  Anthony  Carroll  of 
Lisheenboy  (see  Chart)  is  now  being  conducted  in 
Ireland,  which  it  is  believed  will  establish  the  par- 
entage of  James  Carroll  of  Anne  Arundel  County, 
whose  will  is  given  in  these  volumes. 

Baltimore,  November  24,  iSgy. 


nniKi 


1^ 


I 


1 


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1     ) 

1 

1 

;i 
j 

1 

I 


41 1 


BIBLIOGRAPHY. 


Biography  of  the  Signers  to  the  Declaration  of  Independence. 
Published  by  R.  W.  Pomeroy.  Sketch  of  Charles  Carroll  of 
Carrollton,  by  John  H.  B.  Latrobe,  in  Vol.  VII.,  1827. 

New  York  Truth  Teller,  (article  supposed  to  have  been  written  by 
Dr.  Richard  Steuart),  1827. 

Niks'  Register,  ^o\.  XXXVIII.,  79,  1827. 

The  Casket,  457,  1830. 

N'eio  York  Mirror,  Vol.  X.,  33,  1832. 

iVew  England  Magazine,  Vol.  III.,  519,  1831-1835,  Boston. 

American  Magazine  [American  Monthly  Magazine?^,  Vol.  I.,  427, 
1 833-1 838,  New  York. 

Eulogy  on  Charles  Carroll,  Rev.  Constantine  Pise,  Georgetown, 

1832. 
Eulogy  on  Charles  Carroll,  John  Sergeant,  Philadelphia,  1832. 
National  Portrait  Gallery,  Vol.  I.,  35,  1834. 

Historical  Sketches  of  Statesmen  of  Time  of  Ge&rge  III,,  by  Henry, 
Lord  Brougham,  Vol.  III.,  London,  1856. 

Historical  Magazine,  November,  1868. 
yudson's  Sages  and  Heroes,  p.  63. 

Appletons  Journal,  Vol.  XII.,  Nos.  286,  287,  1874. 

Potter' s  American  Monthly,  Vol.  VII.,  402,  1876. 

Maryland  Historical  Society's  Centennial  Memorial,  Introductory 
Memoir,  Brantz  Mayer,  Baltimore,  1876. 

Catholic  World,  Vol.  XXIII. ,  537,  1876. 

Biographical  Sketches  of  Distinguished  Marylanders,  by  Esmeralda 
Boyle,  Baltimore,  1877. 


% 


' 


XVllI 


Bibliography. 


Magazine  of  American  History,  Vol.  II.,  loo,  1878. 

The  Homes  of  America,  Mrs.  Martha  J.  Lamb,  New  York,  1879. 

Charles  Carroll  of  Carrolllon,  Last  Surviving  Signer  of  the  Declar- 
ation of  Independence,  by  Uev.  IIorack  Euwin  IIaydkn, 
Wilkesbarrc,  Pa.,  1894. 


1 


.    ( 


'I 

t 

, ) 


PORTRAITS  OF  CHARLES  CARROLL 
OF  CARROLLTON. 


I. — Charles  Carrolf,,  ten  years  old  (taken  in  Paris?), 

Owned  by  Mrs.  C.  C.  McTavish,  Art  Gallery,  Maryland 
Historical  Society. 

2. — Charles  Carroll,  taken  in  London  by  Sir  Joshua 

Reynolds. 

Owned  by  Mrs.  C.  C.  McTavish,  Art  Gallery,  Maryland 
Historical  Society. 

3. — Portrait  by  Thomas  Sully, 

Owned  by  Mrs.  C.  C.  McTavish,  Art  Gallery,  Maryland 
Historical  Society. 

4.— Portrait  by  Gilbert  Stuart. 

Owned  by  Mrs.  C.  C.  McTavish,  Art  Gallery,  Maryland 
Historical  Society. 

5. — Portrait  by  Charles  Willson  Peale. 

6. — Portrait  by  Benjamin  West. 

7. — Portrait  by  Chester  Harding. 

8.— Portrait  by  R.  Field  (painted  in  1803). 


. — Portrait  by 


Nichol. 


Owned  by  Mrs.  C.  C.  McTavish. 
xix 


n  i 


XX 


Portraits, 


« •' 


■,      ! 


it,       1 


I'l^     i 


I o.— Portrait  by  Charles  Bird  King,  (or  Samuel  King) 
painted  in  1816. 

II. — Portrait  by  W.  J.  Hubbard. 

Owned  by  Mrs.  C.  C.  McTavish,  Art  Gallery,  Maryland 
Historical  Society. 

12. — Portrait  by  M.  Lati,  after  G.  Stuart. 
Owned  by  Maryland  Historical  Society. 

13. — Crayon  Profile  by  Charles  Balthazar  Julien  Fevre 
de  St.  Memin. 
Owned  by  Corcoran  Art  Gallery,  Washington,  D.  C. 

14. — Full-Length  Portrait  by  Sully. 
In  Senate  Chamber  at  Annapolis. 

15. — Bust  of  Charles  Carroll    of  Carrollton,  by 
Browere,  taken  in  1826. 

Field  portrait,  engraved  by  Longacre  (in  Biography  of  the 
Signers,  etc.). 

Harding  portrait,  engraved  by  Durand. 

Sully  portrait,  lithographed  by  Newsane. 

Lati  portrait,  engraved  by  H.  B.  Hall  (in  Maryland  His- 
torical Society's  Centennial  Memorial). 


''M 


if 


'^  THE  LIFE  OF 

CHARLES  CARROLL  OF  CARROLLTON 


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LIFE   AND  CORRESPONDENCE   OF 

CHARLES  CARROLL 

OF  CARROLLTON 


M 


CHAPTER  I. 


ANCESTRY  AND   EARLY   YEARS. 
1688-I758. 

THE  Carrolls  of  Carrollton  and  Doughoregan 
Manor,  Maryland,  trace  their  descent  to  the 
old  Irish  princely  family  of  the  Carrolls  of  Ely 
O'Carroll,  Kings  County,  Ireland.'  Fiam  or  Flor- 
ence, King  of  Ely,  who  died  in  1205,  was  the  ances- 
tor in  the  fourteenth  degree  of  Charles  Carroll, 
Attorney-General  of  Maryland  in  1688,  the  first  of 
his  line  in  the  province.  But  at  the  time  of  the 
American  Revolution,  there  were  two  other  Carroll 
families  prominent  in  the  social  and  political  life  of 
Maryland  ;  the  family  of  Dr.  Charles  Carroll  of  Anna- 
polis, who  was  descended  from  an  older  branch  of  the 
Ely  OCarrolls,  and  the  family  of  Archbishop  Car- 

'  yottrnal  of  Royal  Hist,  and  Arch.  Association  of  Ireland,  vol. 
vi.,  4th  series. 

VOL.  I— I  I 


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i 

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ii- 

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'! 

%  Charles  Carroll  of  Carrollton, 

roll  and  his  brother,  whose  paternal  pedigree  has  not 
been  traced  beyond  their  grandfather.  There  was 
still  a  fourth  Carroll  family  in  Maryland,  which  had 
been  conspicuous  earlier,  in  the  person  of  James 
Carroll,  a  relative  of  Dr.  Charles  Carroll  and  the 
Attorney-General.  From  one  of  James  Carroll's 
brothers,  it  seems  probable,  the  Carrolls  of  Somerset 
County  descended,  a  grandson  of  a  James  Carroll 
of  Somerset  becoming  Governor  of  Maryland  in 
1830. 

With  the  long  and  honorable  Celtic  pedigree  of 
his  paternal  ancestry,  Charles  Carroll  of  Carrollton, 
the  subject  of  this  memoir,  united  in  his  lineage  sev- 
eral strains  of  English  blood  of  more  than  ordinary 
antiquity  and  prominence,  through  the  families  of 
the  Hattons,  Lowes,  and  Sewalls;  of  the  Darnalls 
of  Hertfordshire,  England,  and  of  "  Portland  Manor  " 
and  the  "  Woodyard,"  Maryland,  and  the  Brookes 
of  Whitechurch,  Hants,  England,  and  of  "  De  la 
Brooke"  and  "  Brookfield,"  Maryland.  Charles  Car- 
roll's ancestress,  Jane  Lowe,  Mrs.  Henry  Sewall, 
marrying  secondly,  Charles,  third  Lord  Baltimore, 
connected  him  also  with  the  family  of  the  Proprie- 
tary. 

Charles  Carroll,  the  grandfather  of  Charles  Carroll 
of  Carrollton,  came  over  to  Maryland,  October  ist, 
1688.  He  was  at  this  time  twenty-eight,  having 
been  born  in  1660.  He  had  been  educated  at  the 
University  of  Douai  in  France,  and  had  been  a  stu- 
dent of  law  at  the  Inner  Temple,  London,  in  1685. 
His  descendants  have  preserved  two  papers  showing 
his  connection  with  this  latter  institution.    The  first 


i 


\ 


Charles  Ca7'roll  the  Immigrant, 


as  not 
e  was 
hhad 
James 
id  the 
irroU's 
merset 
Carroll 
and  in 

gree  of 
roUton, 
ige  sev- 
irdinary 
lilies  of 
Darn  alls 
Manor" 
Brookes 
"  De  la 
■les  Car- 
Sewall, 
lltimore, 
roprie- 

Carroll 

)er  1st, 

having 

at  the 

In  a  stu- 

in  1685. 

[howing 

:he  first 


is  a  copy  of  his  admission,  written  in  Latin,  and  is 
dated  May  7th,  1685  : 

Intcrius  Templum,  Carolus  Carroll  secundus  Films 
Danielis  Carroll  de  Ahagurton  in  Reg  Comitaiu  in  Regno 
Hiberniae  Gen  generaliter  Admissus  est  in  Societal  istius^ 
etc. 

The  other  manuscript  is  the  letter  "  To  Mr.  Minors, 
Chief  Butler  of  the  honble.  Society  of  the  Inner 
Temple,  London,"  dated  May  6th,  giving  him  no- 
tice that  *'  Charles  Carroll,  Gent.,"  was  to  be  admitted 
by  him  "  into  Comons."  ' 

After  leaving  the  Temple  young  Carroll  went  into 
the  service  of  William  Herbert,  Lord  Powis,  one  of 
the  ministers  of  James  IL,  as  his  clerk,  or  secretary, 
and  a  little  later  he  determined  on  his  plan  of  emi- 
gration. Charles  Carroll  of  Carrollton  is  reported 
to  have  given  the  following  traditional  account  of 
the  motives  inducing  his  ancestor  to  leave  England : 

"  Remarking  to  his  lordship  [Lord  Powis]  one  day, 
that  he  was  happy  to  find  that  public  affairs  and  his 
majesty's  service  were  proceeding  so  prosperously,  the 
secretary  received  for  answer,  *  You  are  quite  in  the 
wrong,  affairs  are  going  on  very  badly  ;  the  king  is  very 
ill-advised.'  After  pausing  a  few  minutes,  his  lordship 
thus  addressed  Mr.  Carroll  ;  *  Young  man  I  have  a  re- 
gard for  you,  and  would  be  glad  to  do  you  a  service,  take 
my  advice  ;  great  changes  are  at  hand,  go  out  to  Mary- 
land, I  will  speak  to  Lord  Baltimore  in  your  favor.'     He 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 


J' 


I 


I      " 
i   ) 


T^T 


i  ( 


■( 


II 


.1    - 

!    1 

'■i 

V  I 

■  ■     ■ 

, 


4  Charles  Carroll  of  Carrollton. 

did  so,  obtained  some  government  situation,  with  con- 
siderable grants  of  land,  and  left  his  family  among  the 
largest  proprietors  in  the  Union."  ' 

Rut  all  was  not  smooth  sailing  at  first.  Hardly 
had  Charles  Carroll  arrived  in  Maryland,  when  there 
took  place  in  the  province  following  in  the  wake  of 
the  English  change  of  dynasty,  what  is  known  in 
Maryland  annals  as  "the  Protestant  Revolution." 
The  proprietary  government  of  Lord  Baltimore  was 
overthrown  in  November,  i688,  and  in  1692  the 
Crown  assumed  the  government,  making  Maryland 
a  royal  colony,  which  it  remained  until  171 5.  How- 
ever, Lord  Baltimore  was  secured  in  the  possession 
of  his  private  rights,  his  ownership  of  the  soil  and  the 
vacant  lands,  the  quit-rents,  port  dues,  and  one  half  of 
the  tobacco  duties.  But  it  was  not  without  a  struggle 
and  bitter  protests,  that  the  friends  of  the  Lord  Pro- 
prietor saw  the  functions  of  the  government  taken 
from  him.  Charles  Carroll  had  come  over  with  the 
commission  of  Attorney-General  in  his  pocket,  and 
his  appointment  had  been  confirmed  to  him  by  the 
Council,  October  13th,  1688."  He  stoutly  resisted 
the  subversion  of  Lord  Baltimore's  government,  and 
wrote  to  him  indignantly  in  September,  1689,  of  the 
"  strange  rebellion  your  ungrateful  people  of  this 
your  Lordship's  Province  have  involved  themselves 
in."  We  find  him  in  1691-92  a  prisoner  "  for  high 
misdemeanours."  ^    Sir   Lionel   Copley,    the    Royal 

*  "  Biographical  Sketch  of  Rt.  Rev.  John  Carroll,"  by  John  Carroll 
Brent,  p.  16. 

*  Maryland  Archives,  vol.  viii.,  p.  47. 
^  Ibid.,  pp.  124,  246. 


.V 


m 


!■     I 


^' 


The  Young  Attorncy-GeneraL 


5 


Hardly 
n  there 
vake  of 
lown  in 
lution." 
ore  was 
392   the 
aryland 
.    How- 
ssession 
and  the 
e  half  of 
struggle 
ord  Pro- 
It  taken 

ith  the 
ket,  and 

by  the 
resisted 
ent,  and 
of  the 

of   this 

mselves 
for  high 
Royal 

hn  Carroll 


Governor,  committed  him  into  custody  for  "  several 
reflecting  speeches  and  discourses  against  the  Gov- 
ernment." *  In  April,  1693,  Mr.  Carroll  wrote  to 
Governor  Copley  saying  he  had  been  a  fortnight  in 
the  sheriff's  custody,  and  asking  for  "  bayle."  He 
had  been  accused  of  "ridiculing  the  Government," 
and  saying,  "  he  valued  not  Bonds  for  that  for  a 
small  matter  he  could  procure  a  Noliprosequi  out  of 
England,  and  that  for  a  bottle  of  Cyder  or  some 
such  inconsiderable  value  he  would  clear  Mr.  Bat- 
son,  his  fellow  Bondsman,"  etc."  Dimly  through 
the  Council  proceedings,  one  discerns  the  high- 
spirited  and  irate  young  Attorney-General,  resv.nting 
the  injuries  sustained  by  his  patron  and  friend,  and 
suffering  the  political  persecution  inflicted  by  the 
successful  party. 

Cecelius  Calvert,  a  convert  from  the  Anglican  to 
the  Roman  Catholic  Church,  second  Lord  Baltimore 
and  first  Proprietary  of  Maryland,  of  which  province 
he  was  the  overlord  for  forty-three  years,  was  never 
in  the  colony.  His  brother  had  been  sent  over  by 
him  as  Governor.  And  Charles,  third  Lord  Balti- 
more, was  the  one  who  was  deprived  of  his  political 
administration.  But  he  had  still  much  power  and 
patronage  left.  Charles  Carroll  received  from  him 
the  appointment  of  Judge,  and  Register  of  the  Land 
Office,  an  important  and  lucrative  position.  He 
succeeded  Col.  Henry  Darnall  who  died  in  June, 
171 1,  and  whose  daughter  he  had  married.  Charles 
Carroll  rapidly  acquired  lands  in  the  province,  nam- 


I 


a." 


'Ibid. 


P-  495. 


'Ibid.,  p.  508. 


^T 


ii 


'I 


I 


I' 


V.   f  • 


t    I 


6  Charles  Carroll  of  Carrolllon. 

ing  several  of  these  tracts  after  places  which  had  be- 
longed to  his  family  in  Ireland.  '*  Carroll's  Forest," 
consisting  of  five  hundred  acres,  in  what  is  now 
Prince  George's  County,  was  surveyed  for  him.  May 
3d,  1689 ;  "  Elyo  Carroll,"  one  thousand  acres  in 
Baltimore  County  was  surveyed  in  January,  1695, 
and  soon  after  "  Litterlouna,"  in  the  same  county,  a 
place  of  four  hundred  acres.  The  original  name  in 
Ireland  was  Litreach-Luna.  "  New  Year's  Gift  "  was 
surveyed  for  him  January  loth,  i/oo,  a  plantation  of 
thirteen  hundred  acres,  "  at  a  place  called  Elk  Ridge." 
In  1 701  and  1702,  he  obtained  other  tracts  of  land 
of  nine  hundred  and  sixty-nine,  and  one  thousand 
acres  in  Baltimore  County,  and  in  1707  he  added  to 
his  possessions  "  Clynmalyra,"  an  estate  of  five 
thousand  acres,  and  the  princely  domain  of  "  Dou- 
ghoregan  "  consisting  of  ten  thousand  acres.'  He 
owned  also  at  this  time  '*  Enfield  Chase"  in  Prince 
George's  County,  and  later  many  other  tracts  of  land 
in  various  parts  of  Maryland,  amounting  in  all  to 
about  sixty  thousand  acres.' 

Evidently  Charles  Carroll  was  personally  a  favorite 
of  Lord  Baltimore,  who  must  have  found  his  social 
qualities  such  as  would  make  him  a  desirable  neigh- 
bor, for  in  one  of  his  letters  he  writes  that  Mr. 
Carroll  is  to  have  so  many  acres  assigned  him  "  as 
near  as  possible  to  one  of  the  Proprietor's  Manors, 
for  the  benefit  of  his  society." 

'  The  parchment  deeds  of  "  Doughoregan "  and  other  tracts  of 
land  are  framed  and  preserved  at  the  Manor. 

*  Rent  Rolls  of  Anne  Arundel,  Baltimore,  and  Prince  George's 
Counties.  Calvert  Papers,  Md.  Hist.  Society.  Land  Office  Deed 
Books,  Annapolis. 


\ 


1 


ad  be- 
)rest,** 
5  now 
,  May 
res   in 

1695, 
inty,  a 
ame  in 
t"  was 
tion  of 
v-idge." 
)f  land 
Qusand 
Ided  to 
Df    five 
"  Dou- 
.>      He 

Prince 
of  land 

all  to 

lavorite 
social 
neigh- 

at  Mr. 

Iim  "  as 
[anors, 

I  tracts  of 

George's 
ice  Deed 


^:/^ 


A  Favorite  of  Lord  Baltimore,  7 

A  small  brick  house  and  two  lots  of  ground  in  the 
"  Port  of  Annapolis  "  were  granted  Charles  Carroll 
by  the  Proprietary,  October  loth,  1701,  **  for  and  in 
consideration  of  the  good  and  acceptable  services  to 
us  done  by  the  said  Charles,  and  the  better  to  en- 
able him  to  continue  in  the  performance  of  the  like 
good  services  for  the  future  to  us  and  our  heirs,"  etc. 
This  apparent  graciousness  and  generosity,  however, 
meant  only  a  clear  title,  for  Charles  Carroll  had  to  buy 
the  house  and  lots  from  the  widow  of  the  late  owner. 
He  petitioned  Lord  Baltimore  for  permission  to 
make  the  purchase,  and  then  paid  him  a  quit-rent  of 
two  pounds  yearly.'  We  find  Charles  Carroll  mak- 
ing a  visit  to  England  in  1702,'  but  do  not  know 
how  long  he  remained  abroad.  In  Lord  Baltimore's 
instructions,  "  to  be  observed  and  pursued  by  Charles 
Carroll,  my  Agent  and  Receiver-General  in  Mary- 
land "  dated  September  12th,  1712,  Carroll  is  charged 
to  pay  in  tobacco  yearly  various  persons  for  their 
services,  and  "  To  yourself,  12000  [pounds]  of  tobacco 
for  your  advice  and  trouble  about  my  law  concerns," 
adds  the  Lord  Proprietary.  In  this  paper  he  says  : 
"  I  do  he,  -*by  confirm  a  grant  passed  by  Col.  Henry 
Darnall,  to  yourself,  of  two  hundred  acres  of  land 
near  the  city  of  St.  Mary's,"  which  place,  until  1694, 
was  the  capitol  of  the  province.* 

Lord  Baltimore  also  empowered  Charles  Carroll  to 
appoint  surveyors,  and  displace  incapable  ones,  mak- 
ing him  temporarily  his  Surveyor-General.     Charles 

'  Calvert  papers,  MS  :,   Maryland  Historical  Society. 

*  Council  Journal,  October  12,  1702. 

»  Land  Office,  Deed  Books  ;  Boyle's  "  Marylanders,"  p.  79. 


11 


i 


\ 


I  : 


« 


Charles  Carroll  of  Carrolllon, 


Carroll  of  Carrollton,  in  a  letter  giving  an  account  of 
his  ancestry  written  in  1830,  says  of  his  grandfather  : 

"  A  Roman  Catholic  by  religion,  he  resolved  upon 
withe' rawing  from  the  oppressions  of  that  period  by  emi- 
grating to  this  country.  He  selected  Maryland  chiefly 
because  toleration  was  by  Royal  Charter  extended  to  it, 
and  afterwards  confirmed  by  Provincial  Statute.  Upon 
leaving  the  mother  country,  he  changed  (with  a  felicity 
of  thought  almost  prophetic)  the  motto  of  his  family  arms 
[**  ///  Fiile  et  in  Bello  fortes  "]  to  '  Ubicumquc  cum  Liber- 
tate,'  in  allusion  to  the  cause  which  induced  him  to  leave 
the  shores  of  his  native  land.  The  Revolution  of  1688 
in  England  was  succeeded  by  a  revolution  in  Maryland, 
and  my  Grandfather  was  destined  to  experience  even  in 
the  asylum  he  had  selected,  the  evils  of  that  religious 
persecution  from  which  he  had  so  recently  fled.  As  a 
Catholic,  he  was  deprived  of  office.  In  course  of  time, 
harmony  was  restored  in  Maryland,  and  Mr.  Carroll  was 
afterwards  appointed  by  the  ist  [2d]  Lord  Proprietor, 
(Charles,  Lord  Baltimore)  his  Agent,  Receiver-General, 
Keeper  of  the  Great  Seal,  and  Register  of  the  Land 
Office.  He  enjoyed  these  appointments  until  the  year 
17 1 7,  when  the  Government  and  Assembly  passed  Laws 
depriving  the  Roman  Civ.holics  of  their  remaining 
privileges."  * 

Charles  Carroll's  commission,  recorded  July  11, 
1716,  included  the  post  of  Naval  Ofificer.''  He  had 
the  authority  to  appoint  "  naval  ofificers  and  land 
surveyors  in  the  province,"  as  his  son  writes  in  1759, 
in  a  letter  to  Charles  Carroll  of  Carrollton. 

'  MS :   Letter,   Addressed  to  Rev.  Wm.    B.    Sprague,   May  12, 
1830. 
*  Deed  Books,  Land  Office,  Annapolis. 


1 


W .  i 


Darnall  and  Hatton  Families, 


jnt  of 
ither  : 

upon 
y  emi- 
chiefly 
I  to  it, 
Upon 
felicity 
ly  arms 
Liber- 
o  leave 
Df  1688 
ryland, 
even  in 
eligious 
As  a 
jf  time, 
roll  was 
prietor, 
eneral, 
Land 
le  year 
d  Laws 
naining 

ily  II, 
le  had 
d  land 

1759' 

[May  12, 


Charles  Carroll  was  married  after  coming  to  Mary- 
land, to  Martha,  daughter  of  Anthony  Underwood, 
for  whom  a  place  called  "  Underwoods  Choice  "  was 
surveyed,  in  St.  Mary's  County,  in  1684.  This  lady 
died  in  October,  1690,  and  her  only  son,  Anthony, 
died  the  day  of  his  birth.  The  second  marriage  of 
Charles  Carroll  took  place  February  14th,  1693.  His 
young  bride  Mary  Darnall,  who  was  probably  not 
more  than  fifteen,  was  the  daughter  of  Col.  Henry 
Darnall  of  "  Portland  Manor,"  and  his  wife  Elinor 
Hatton,  widow  of  Maj.  Thomas  Brooke  of"  Brook- 
field."  Ten  children  were  born  to  Charles  and  Mary 
Carroll  between  the  years  1695  and  1713.  Of  these, 
three  sons  and  two  daughters  grew  to  manhood  and 
womanhood.  Henry  Carroll,  born  January  26th, 
1697,  after  bnng  educated  at  St.  Omer's,  was  sent  to 
England  to  finish  his  legal  studies,  and  was  entered 
at  Gray's  Inn,  September  i6th,  1718.*  He  died  at 
sea  the  loth  of  April,  17 19,  on  his  way  home  to 
Maryland.  Charles  Carroll,  born  April  2d,  1702, 
the  father  of  Charles  Carroll  of  Carrollton,  then  be- 
came the  heir,  as  the  eldest  son.  Daniel  Carroll, 
born  October  30th,  1707,  the  youngest  son  of  his 
parents,  married  Ann,  daughter  of  Notley  Rozier  of 
"  Notley  Hall,"  Maryland,  and  became  the  progeni- 
tor of  the  Carrolls  of  "  Duddingtcn,"  Prince  George's 
County.  This  estate  is  now  within  the  precincts  of 
Washington  City,  and  the  old  mansion  was  torn 
down  within  recent  years,  to  make  way  for  modern 
improvements.  Charles  and  Daniel  Carroll,  like 
their  elder  brother,  were  sent  abroad  for  their  edu- 

'  Foster's  "  List  of  Admissions  to  Gray's  Inn." 


i.V 


lO 


Charles  Carroll  of  Carrolllon. 


i  \    \ 


cation,  and  a  letter  to  them  from  their  father,  written 
in  1 7 19,  has  been  preserved,  in  which  he  tells  them 
of  Henry's  death. 

Maryland,  July  7,  1719. 
Sons  Charles  and  Daniel  : 

I  suppose  you  have  before  this  time,  had  the  afflicting 
news  of  your  Brother's  death  within  about  six  days  saile 
of  the  Capes  of  Virginia  as  he  was  comin,^  in  ;  it  was 
upon  the  loth  day  of  April  last.  I  hope  you  both  know 
your  duty  upon  so  lamentable  an  occasion.  The  most 
that  you  and  I  or  any  other  of  his  relations  and  friends 
can  doe  for  him  now  is  to  pray  for  the  repose  of  his  soul, 
wherein  I  desire  you  will  not  be  defficient,  nor  in  minding 
the  Sodality  whereof  he  was  a  member,  of  what  is  usual 
to  be  done  on  such  occasions.     .     .     . 

I  have  desired  Mr,  Kennett  to  remit  your  Rector  ten 
pounds  to  be  by  him  imployed  after  the  best  manner  that 
such  an  occasion  requires. 

•  •  •  •  •  •  • 

Pray  give  my  kind  respects  to  the  Rector,  and  the  rest 
of  the  good  family  there,  and  acquaint  him  that  I  continue 
to  you  and  your  brother  your  usual  allowance,  besides 
defraying  any  necessarys,  or  journeys,  or  otherwise,  and 
the  same  shall  be  remitted  him  as  your  pensions  are.  I 
do  design,  provided  I  hear  you  do  well,  that  you  shall 
not  be  behindhand  in  my  esteem,  with  your  brother,  and 
therefore  desire  you  wUl  vigorously  prepare  for  the  de- 
fence of  your  Universal  Philosophy,  if  the  Rector  and 
your  Professor  approves  thereof,  who  shall  be  furnished 
with  the  necessary  expence,  but  if  they  do  not  think  that 
you  can  go  through  it  with  applause,  it  is  better  lett  alone, 
for  a  dunce  in  a  pulpit  makes  but  a  very  awkward 
appearance.     ... 


Death  of  the  First  Charles  Carroll.       1 1 


I  am  afraid  your  brother's  theses  are  miscarried,  for 
those  of  his  last  defence  are  not  come  to  my  hands  yett. 
.  .  .  Therefore  desire  you  will  take  much  the  same 
steps  your  brother  did,  especially  in  your  dedication  to 
me,  mutatis  mutandis  so  that  it  appear  not  to  be  the  same 
with  the  other. 

Your  mother  designs,  next  spring,  to  go  with  your  two 
sisters  either  to  Graveling  or  Dunkirk  ;  when  she  is  there 
I  doubt  not  but  the  good  nature  and  affection  she  has  for 
her  children  will  induce  her  to  see  you  and  your  brother. 
But  I  should  think  it  more  convenient  and  less  fatigue- 
ing  to  her,  that  upon  her  giving  you  notice  of  her  arrivall 
and  appointing  you  a  time  to  meet  her  at  Saint  Omers 
you  would  do  so,  if  it  should  not  prove  an  interruption 
to  your  preparation  for  your  defension,  but  I  must  leave 
that  matter  to  her  and  you.  She  designs  you  shall  come 
back  with  her  foi  England,  leaving  your  brother  to  finish 
his  studies.  I  would  have  you  stile  yourself  in  your 
Theses,  Marylando- Hibcrmts. 

I  have  nothing  more  to  say  to  you,  save  to  recommend 
an  exact  discipline,  both  as  to  your  eternal  welfare,  and 
virtuous  demeanor  in  this  life,  and  conclude 

Vour  affectionate  father, 

Charles  Carroll.* 

Charles  Carroll  iird  the  20th  of  July,  i;.'  •  He 
had  been  in  Eng.and  in  171 5,  at  the  time  of  the 
death  of  his  patron  and  client.  Lord  Baltimore,  and 
while  in  London  acted  as  attorney  for  Lady  Balti- 
more on  her  husband's  demise.  When  about  to  re- 
turn to  Europe  in  1718,  he  made  his  will,  which  was 

'  Family  papers,  Kcv.  Thomas  S'm  Lee 

*Land  Office,  Chancery  Suit,  Darnrlt  v.  Car'^oll. 


l.y 


!!■! 


■:[t 


'!     \ 


h 


\i  \U 


12 


Charles  Carroll  of  Carrollton. 


probated  the  28th  of  July,  1720/  He  appointed 
his  three  sons  his  executors,  as  Henry  Carroll  was 
then  living,  and  the  "  overseers  and  trustees  "  of  his 
will  were  "  his  loving  brothers-in-law  "  Henry  Darn- 
all  and  Benjamin  Hall,  and  his  "  kinsmen  "  James 
and  Daniel  Carroll.  The  death  of  the  third  Lord 
Baltimore  in  171 5  had  been  followed  by  the  restora- 
tion of  the  Proprietary  Government,  in  the  person 
of  Benedict  Leonard  Calvert,  fourth  Lord  Baltimore, 
who  had  conformed  to  the  Church  of  England.  As 
Charles  Carroll  was  a  Roman  Catholic,  his  fortunes 
had  suffered  some  eclipse  under  the  new  order  of 
things.  Yet  he  was  one  of  those  of  his  religion  who 
were  exempted  by  name  from  the  disqualifications 
imposed  by  the  penal  laws.'  And  that  his  power  in 
the  colony  was  not  small  at  this  time,  is  shown  by 
the  incident  related  of  the  Jacobite  youths  of  Anna- 
polis who,  taking  possession  of  an  old  cannon  from 
the  fort,  fired  a  salute  on  the  night  of  the  Pre- 
tender's birthday,  June  loth,  1716.  The  governor 
arrested  the  daring  offenders  and  put  them  in  prison, 
but  Charles  Carroll  finding  that  one  of  them  was  his 
nephew  ordered  and  obtained  his  release.^ 

That  religious  differences  and  animosities  embit- 
tered life  somewhat  in  the  Maryland  Eden,  is  very 
apparent,  however.  Governor  Sharpe  in  one  of  his 
letters  to  the  Lord  Baltimore  of  his  day,  has  the  fol- 
lowing allusion  to  Charles  Carroll's  death,  and  the 
state  of  feeling  in  the  province  between  members  of 

'  Register  of  Wills,  Annapolis.     Appendix  C. 

'■*  Scharf's  "  History  of  Maryland,"  vol.  ii.,  p.  128. 

^Brown's  "  History  of  Maryland,"  p.  208, 


M 


Carroll  Lands  and  Manors. 


13 


:mbit- 

Is  very 

|of  his 

lie  fol- 

id  the 

ters  of 


the  Anglican  Church  and  the  Roman  Catholics. 
He  writes :  "  Sometime  before  your  Lordship  was 
pleased  to  appoint  me  your  Lieutenant  Governor, 
one  Mr.  Carroll,  a  Roman  Catholic  died  here  and 
left  a  considerable  estate  to  his  two  sons,  having 
appointed  two  of  his  relatives  their  guardians  and 
executors  of  his  last  will  and  testament."  *  The  let- 
ter goes  on  to  say  that  both  of  these  gentlemen  were 
at  that  time  of  the  religion  of  the  testator,  and  how 
one  of  them  later  joined  the  Church  of  England,  and 
was  publicly  denounced  by  the  other.  Retaliatory 
words  followed,  and  the  matter  was  taken  up  by  the 
Assembly,  to  which  the  Churchman  was  a  delegate, 
the  Lower  House  "  resolving  that  Papists  were  bad 
members  of  the  community,"  etc.  The  principle 
of  religious  toleration  had  not  been  accepted  then, 
in  Europe  or  America.  And  it  must  be  remembered, 
in  extenuation  of  the  bigotry  of  the  English  Church, 
and  of  the  English  people  in  general,  at  this  time 
;.i,  k\  for  a  long  period  after,  that  Spain  and  France 
wcT!  the  relentless  enemies  of  Great  Britain,  and 
m -'-ribers  of  the  Roman  Catholic  Church  in  Mary- 
Kw'.c!,,  as  in  the  mother  country,  suffered  from  being 
identified  with  the  religious  faith  of  the  foreign  foe. 
Besides  his  property  in  Anne  Arundel,  Baltimore, 
and  Prince  George's  Counties,  Charles  Carroll  had 
acquired  lands  in  St.  Mary's  and  Charles  Counties, — 
the  manors  of  "  St.  Clements,"  "  Bushford,"  *'  West- 
wood,"  etc.;  land  in  ..jnt  and  Somerset  Counties, 
and  also   in  Westmoreland   County,  Virginia.     He 

'Archives  of  Maryland,  "Correspondence  of  Governor  Sharpe," 
vol.  ii.,  p.  316.     Ridgeley's  "  Annals  of  Annapolis,"  p.  95. 


I 


■*.■ 

■  V  ,;  1 


nil 


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lij 


14 


Charles  Carroll  of  Carrollton, 


S\ 


w 


/I 


\\  - 1 


I  5   ^ 


bought  lots  and  houses  in  Annapolis,  in  1713  and 
1716  (on  the  Duke  of  Gloucester  Street  in  1713), 
and  a  plat,  now  lost,  of  part  of  the  city  of  Annapolis, 
dated  1760,  designated  the  "  former  dwelling-house  " 
of  the  elder  Carroll  and  the  "former  dwelling- 
house  "  of  his  son/ 

Charlr-  Carroll,  the  second  of  his  name  and  line 
in  Maryl  "^  usually  designated  Charles  Carroll  of 
Annapolis,  (.r  dining  abroad  after  his  father's  death, 
returned  to  Iviaiyland  in  1723-1724,  at  the  age  of 
twenty-one.  His  younger  brother,  Daniel,  came 
home  the  following  year."  In  the  absence  of  the 
brothers  and  during  their  minority,  the  estate  had 
been  managed  entirely  by  their  relative,  Mr.  James 
Carroll  of  Anne  Arundel  County.  This  gentleman, 
who  was  a  man  of  prominence  in  the  province,  hav- 
ing been  a  deputy  surveyor  for  Lord  Baltimore  and 
Keeper  of  the  Rent  Rolls,  died  apparently  a  bachelor, 
and  making  his  will  in  1728,  named  his  nephew 
Anthony  Carroll  his  heir.  He  left  property  in 
Annapolis  to  his  "  Cosin  and  Godson,  Charles 
Carroll,"  including  the  "  piece  or  parcel  of  a  lot  of 

*  Land  Office,  Charles  Carroll  v.  Thomas  Rutland,  1760. 

^  There  is  a  discrepancy  in  Charles  Carroll's  statements  as  to  the 
date  of  his  return  to  Maryland.  He  writes  in  1760  that  he  came 
back  from  school  in  1720,  but  in  a  chancery  suit,  1733,  he  speaks  of 
his  "  return  into  this  Province,  which  was  in  the  year  1724  "  (C.  Car- 
roll and  Daniel  Carroll,  heirs  of  Charles  Carroll  against  John  Parran 
and  Mary  Parran).  However  in  the  suit  of  Henry  Darnall  against 
Charles  Carroll — Executor  of  Charles  Carroll,  deceased — 1722-1731, 
Charles  Carroll  "makes  answer  at  the  court  for  April  1723."  In 
one  of  his  letters  he  speaks  of  being  prevented  from  going  to  the 
Temple  by  his  father's  death.  He  had  just  finished  his ' '  philosophy, " 
when  he  was  recalled  to  Maryland. 


I 


Charles  Carroll  of  Annapolis. 


15 


ground  given  me  by  him  and  his  mother."  His 
"  dwelling-place,"  and  other  lands  in  Anne  Arundel 
County,  "  Carrollsburgh,"  etc.,  in  Prince  George's 
County,  lots  in  "Queen  Ann's  Town,"  etc.,  servants 
and  slaves,  and  most  of  his  personal  estate,  James 
Carroll  left  in  trust  to  his  godson,  for  George  Thorold 
of  Charles  Co.,  but  he  revokes  the  trust  in  a  codicil, 
some  days  later,  "  through  apprehension  of  the  said 
Charles'  death."  * 

James  Carroll  died  at  the  house  of  his  godson, 
Charles  Carroll  of  Annapolis,  the  13th  of  June,  1729, 
and  his  funeral  took  place  on  the  23d,  when,  says 
the  Annapolis  paper:  "the  Corps  of  Mr.  James 
Carroll  was  interred  at  the  Burial-Place  of  that  Fam- 
ily, near  this  City,  in  a  decent  and  handsome  man- 
ner." *  The  Carroll  graveyard  was  three  miles  from 
Annapolis.  In  1729  Charles  and  Daniel  Carroll  sold 
sixty  acres  of  land,  on  the  Patapsco  River,  at  forty 
shillings  an  acre,  to  the  trustees  of  the  new  town  of 
Baltimore.  This  land  is  at  that  part  of  the  city's 
harbor  now  called  the  Basin." 

An  old  account  book  of  Charles  Carroll's  has  been 
preserved,  of  which  the  earliest  entries  date  back  to 
1721,  while  James  Carroll  was  managing  his  godson's 
property.  The  expenses  of  "  Madam  Mary  Carroll  " 
are  set  down,  carefully  enumerated.  And  we  read 
of  the  price  she  paid  for  her  "  Leather  Rimed  Spec- 
tacles," of  the  oil  she  bought  to  "  clean  the  Chariot," 
and  of  the  "  Kersey,"  "  gimp  buttons,"  and  other 
articles  designed  for  the  wearing  apparel  of  the  old- 

'  Appendix  C.       '  Maryland  Gazette,  June  17  and  June  24,  1 729. 
'  Brown's  "  History  of  Maryland,"  p.  211. 


I 


:iii 


[ 
H 


^  (/ 


16 


Charles  Carroll  of  Carrollton. 


s    i    I 


time  Maryland  matron.'  In  the  summer  of  1730, 
Charles  Carroll,  with  his  brother  Daniel,  was  inter- 
ested, it  appears,  in  what  he  calls  the  "  Virginian 
Project,"  Daniel  Carroll  making  a  trip  to  Virginia  at 
this  time  on  the  business  referred  to.  Eleanor  Carroll, 
one  of  the  two  sisters,  died  in  1734,  and  an  itemized 
account  of  the  funeral  expenses  appears  in  the  led- 
ger. It  included  three  dozen  of  men  and  women's 
"  shamoy  gloves,"  and  three  and  a  half  dozen  kid 
gloves  '  imoy  shoes  for  three  ladies,  four  fans,  four 
girdles  and  three  buckles,  two  pairs  of  black  knee 
breech  '^,  tw  pieces  of  hatband  crape,  three  pieces 
of  white  "  ribband,"  four  gauze  handkerchiefs,  ten 
yards  of  "  superfine  black  cloth,"  and  a  hundred  and 
eight  yards  of  "  finest  crepe."  To  treat  the  large 
company  of  mourners,  there  were  provided  one  dozen 
bottles  of  white  and  two  dozen  bottles  of  red  wine, 
two  dozen  nutmegs,  with  mace,  cinnamon,  and  cloves 
in  proportion.  The  cofifin  cost  three  pounds,  and 
twelve  shillings  was  the  amount  paid  **  to  the  person 
who  carried  the  corpse  in  the  chaise  to  the  place  of 
burial."* 

Daniel  Carroll  of  Duddington  died  in  this  same 
year,  1734,  when  his  son  Charles  was  but  five  years 
old,  and  the  child's  uncle  was  made  the  guardian 
of  himself  and  his  sisters.  This  estate  of  his  deceased 
brother,  Charles  Carroll  managed  from  1734,  until 
long  after  his  nephew  had  attained  his  majority. 
And  Charles  Carroll  wrote  of  himself  in  1761,  when 
a  lawsuit  was  pending  between  uncle  and  nephew : 

*  Carroll  Papers,  Scharf  Collection,  Johns  Hopkins  University, 
« Ibid. 


* 

1  , 

V 

\    I     •■ 

inter- 
inian 
lia  at 
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,  when 
hew: 

brsity. 


^1 


Daniel  Carroll  of  Duddtngton.  1 7 

**  I  have  from  the  time  I  came  from  school,  in  the  year 
1720,  [1723]  to  the  year  1757,  been  a  constant  servant  of 
my  family.  The  whole  weight  of  the  management  of  my 
father's  estate  and  of  my  brother's  and  sisters'  fortunes 
fell  on  my  shoulders.  I  left  my  brother  in  Europe,  my 
sisters  were  sent  thither  under  their  uncle  Darnar's  care 
for  education.  When  it  was  proper  to  bring  them  home  I 
could  not  prudently  trust  them  to  strangers,  I  went  for 
them  and  bore  my  own  expence."  * 

In  1739,  Charles  Carroll  became  involved  in  a  small 
difificulty  with  the  Proprietary  Government.  Daniel 
Dulany,  Lord  Baltimore's  Attorney-General,  accused 
him  of  refusing  to  pay  quit-rent  for  the  "Barrens," 
(1000  acres)  and  "  Carroll's  Delight  "  and  "  CarroUs- 
burg,"  two  tracts  of  5000  acres  each  in  Prince  George's 
County,  estates  in  which  Charles,  Daniel,  and  Mary 
Carroll  had  a  joint  interest.  Charles  Carroll  wanted  to 
appeal  to  his  Majesty  in  Council,  but  his  petition  to 
this  effect  was  refused.  He  was  then  arrested, 
"  taken  "  by  the  sheriff  of  Anne  Arundel  County,  at 
which  indignity  he  was  "  greatly  aggrieved."  This 
is  done,  he  says, "  to  his  great  vexation  and  unneces- 
sary expense,"  before  he  can  lay  his  case  before  his 
Majesty  for  his  royal  determination.  He  prays  an 
appeal  to  the  Court  of  Apppeals,  and  is  "  set  at  lib- 
erty"  by  order  of  the  Court.  William  Cumming, 
Charles  Carroll's  counsel,  refers  to  "  instructions  from 
the  Crown,"  quoted  in  the  case  as  "  not  of  that  force 


^    they  are  Pretended  to  be  of — the  said  Instructio 


ns 


being  given  when  the  Inhabitants  of  this  Province 
had  the  Happiness  to  be  under  the  immediate  Gov- 


Ph 


Mil 


% 


m 


VOL.1— 2 


Ibid.     Letter  of  Charles  Carroll  to  Clement  Hill. 


^. 


i 


1ij 


i8 


Charles  Carroll  of  Carrollton. 


',7 


I    !    .' 


,'v 

;v 


11^ . 


iii 


I 


ernment  of  the  Crown."  '  As  the  Lords  Baltimore 
were  now  members  of  the  Church  of  England,  the 
"  immediate  Government  of  the  Crown,"  was  to  be 
preferred,  apparently,  to  the  Proprietary  sway.  Mary 
Carroll  had  transferred  her  right  in  "  Carroll's  De- 
light"  and  "  Carrollsburg "  to  her  two  brothers  in 
1734,  and  Daniel  Carroll  had  by  his  will  devised 
his  share  to  his  two  daughters  Mary  and  Eleanor 
Carroll.' 

Mrs.  Mary  Carroll  died  in  February,  1742.  The 
glimpses  caught  of  her  through  old  letters  and  other 
documents,  while  residing  at  Annapolis  through  the 
twenty-two  years  of  her  widowhood,  show  that  she 
enjoyed  the  esteem  and  confidence  of  her  relatives 
and  neighbors,  was  a  good  mother  and  grandmother, 
and  a  prudent  manager  of  her  plantations. 

Charles  Carroll  of  Carrollton  was  born  at  Anna- 
polis, September  19th,  1737.  His  mother,  Elizabeth 
Brooke,  was  the  daughter  of  Clement  Brooke  and 
Jane  Sewall,  and  was  a  near  relative  of  her  husband, 
being  the  daughter  of  Charles  Carroll's  maternal 
uncle  by  the  half  blood.  At  ten  years  of  age,  young 
Charles  the  third  was  sent  to  school  at  the  Jesuits 
College  of  Bohemia  on  Herman's  Manor  in  Maryland, 
where  among  his  fellow  students  were  his  cousin 
John  Carroll  (related  to  him  through  the  Darnalls), 
afterwards  Archbishop  of  Baltimore,  and  Robert 
Brent  of  Virginia,  who  married  a  sister  of  John  Car- 
roll. From  Bohemia  the  two  Carrolls  went  together 
in  1748  to  St.  Omer's,  the  famous  Jesuit  College  at 
the  town  of  the  same  name,  in  French  Flanders. 

'  Calvert  papers,  MS  :,    Maryland  Historical  Society, 
'  Chancery  Suits,  Land  Office. 


I 


\^. 


Jesuits  College  at  Bohemia. 


19 


itimore 
nd,  the 
s  to  be 
'.  Mary 
)ll's  De- 
thers  in 
devised 
Eleanor 

.2.  The 
nd  other 
)ugh  the 
that  she 
relatives 
dmother, 

at  Anna- 
Elizabeth 
ooke  and 
lusband, 
maternal 
re,  young 
le  Jesuits 
Maryland , 
is  cousin 
arnalls), 
Robert 
ohn  Car- 
together 
oUege  at 
landers. 


From  this  place  where  Charles  Carroll  of  Carrolltoii 
remained  six  years,  he  went  first  to  the  College  of 
French  Jesuits  at  Rheims  for  a  year,  and  then  to 
the  College  of  Louis  le  Grand  at  Paris.  In  1753 
Charles  Carroll  removed  to  Bourges,  to  study  civil 
law,  but  at  the  expiration  of  a  year  he  returned  to 
Paris,  where  his  father  came  over  to  visit  him  in  1757. 
He  left  Paris  for  London  in  this  year,  taking  apart- 
ments at  the  Temple,  and  studying  law  there  for 
three  or  four  years ;  but  "  not  with  a  professional 
view,"  as  he  says  in  one  of  his  letters.  In  1765,  at 
the  age  of  twenty-eight,  he  returned  to  America. 

Maryland  historians  have  designated  three  periods 
in  the  province,  between  171 5  and  1776,  as  times  of 
special  agitation  and  excitement  in  its  annals ;  the 
first  between  1722  and  1732,  the  second  between 
1754  and  1763,  the  epoch  of  the  French  war,  and  the 
third  between  1770  and  1773.  It  was  during  the 
second  of  the  two  decades  above  named  that  Charles 
Carroll  of  Carrollton  was  completing  his  studies,  in 
Paris  and  London,  and  forming  himself  for  the 
career  the  future  held  out  for  him.  And  an  inter- 
esting correspondence  between  the  father  and  the 
son,  covering  most  of  these  years,  has  been  pre- 
served, in  which  the  details  of  Charles  Carroll's  life 
abroad,  are  put  before  us,  and  public  events,  both  in 
Europe  and  America,  are  touched  upon.  The  earli- 
est letter  of  importance  in  this  collection  is  as  fol- 
lows. It  is  written  from  Maryland  by  Charles 
Carroll  the  elder.  It  appears  that  the  latter  had 
been  to  London  in  1751'  and  he  probably  went  to 
see  his  son  at  this  time. 

■  Land  Office,  Chancery  Suit. 


1*  r 


.1 


I  '    . — 


)'< 


'  'm 


f\ 


\  J 


t{ 


f 


•  *r  I 


rK      ! 


1       i 

I 


20 


Charles  Carroll  of  Carrollto7i. 


October  lolli,  1753. 

Dear  Charley  : 

I  received  your  several  letters  of  August  30th,  Decem- 
ber 20th,  1752,  and  March  6th,  1753,  which  are  all  most 
welcome  to  me,  and  altho'  a  hurry  of  business  prevents  my 
often  writing  to  you,  you  may  be  assured  you  are  always 
in  my  thoughts  and  that  I  most  earnestly  wish  your  hap- 
piness. As  you  have  no  such  avocations  I  desire  I  may 
often  hear  from  you.  Since  you  have  not  a  good  danc- 
ing-master, you  were  in  the  right  to  discontinue  learning, 
but  when  you  can  meet  with  a  good  one  you  must  resume 
it,  for  nothing  contributes  more  to  give  a  gentleman  a 
graceful  and  easy  carriage.  You  may  sometime  hence 
meet  with  a  good  painter  and  then  with  your  mother  1 
shall  be  glad  to  have  your  picture  in  the  compass  of  15 
inches  by  12. 

Your  opinion  of  Europe  and  the  people  there  will  be 
much  altered  when  you  return  to  your  native  country. 
Fops  arc  the  object  of  contempt  and  ridicule  everywhere, 
but  it  is  from  the  fine  gentleman  you  are  to  take  example. 
Dear  child,  1  long  to  see  you,  but  I  did  not  send  you  so 
far  only  to  learn  a  little  Greek  and  Latin.  Where  you 
are  you  can  only  lay  a  foundation  for  other  studies  which 
may  hereafter  be  profitable  to  yourself  and  useful  to  your 
friends.  When  you  have  gone  thro*  them  the  rest  of 
your  life  will  be  a  continued  scene  of  ease  and  satisfac- 
tion, if  you  keep  invariably  in  the  paths  of  truth  and  of 
virtue.  The  husbandman  annually  repeats  the  toil  of 
dressing,  plowing  and  sowing  for  his  harvest.  When  you 
have  completed  higher  studies  your  toil  will  be  over,  and 
your  harvest  will  daily  and  always  come  in.  I  am  very 
glad  to  see  you  are  so  sensible  of  the  advantages  of  a 
virtuous  education,  and  that  you  are  resolved  to  make 
the  best  use  of  it.      Mr.  Wappeler  informs  me  you  are 


m. 


M 


■# 

;i'^ 


\      1      . 


Ai  SL  Omcrs  and  in  R helms. 


31 


53. 

)ecem- 
l  most 
ints  my 
always 
ar  hap- 
;  I  may 
i  danc- 
larning, 
resume 
leman  a 
e  hence 
lother  I 
iss  of  15 

e  will  be 
country, 
rywhere, 
example, 
d  you  so 
ere  you 
,es  which 
,1  to  your 
rest  of 
satisfac- 
and  of 
toil  of 
hen  you 
iver,  and 
am  very 
.ges  of  a 
to  make 
you  are 


'!;* 


Ml 
■0 


third  in  your  school,  which  gives  me  great  pleasure,  and 
as  your  judgment  unfolds  itself  and  ripens,  I  expect  to 
hear  of  your  still  rising  ;  /////  Ca'sar  aiii  Nulhis.  The 
ambition  to  excel  in  virtue  and  learning  is  laudable. 

We  are  still  threatened  by  our  Assembly,  but  I  hope 
by  the  interposition  of  our  friends  in  London,  it  will  not 
be  in  their  power  to  hurt  us.  A  continual  calm  in  life  is 
no  more  to  be  expected  than  on  the  ocean. 

Prav  present  my  humble  services  to  your  Master, 
whose  care  of  and  kindness  towards  you  deserve  greater 
acknowledgments  from  me  than  I  have  in  my  power  to 
repay.  I  am  under  the  same  obligations  to  Mr.  Wap- 
peler  and  Newton,  which,  pray  let  them  know  with  my 
humble  service  and  compliments  to  them.  I  desire  also 
my  compliments  to  Mr.  Falkner,  and  am  very  glad  to 
hear  he  is  contented  in  his  station.  If  you  please  he 
may  be  of  service  to  you  in  arithmetic.  Jacky  I  suppose 
is  gone  up  the  hill.  Remember  me  to  Watty,  Mr.  Warr- 
ing and  all  the  Marylandians.  Your  mama,  grandmama, 
aunt  Jenny  and  all  your  friends  in  general  are  well.  I 
hope  the  books  got  safe  to  you,  and  that  Cicero's  life  has 
in  particular  given  you  pleasure. 

You  entered  into  the  17th  year  of  your  age  on  the 
19th  of  last  month,  being  born  the  8th  of  September, 
1737,  old  stile.  Your  judgment  therefore  will  enable 
you  to  enter  into  the  reason  of  the  rules  and  lesson'  -vO'i 
are  learning.  Children  learn  like  parrots,  memory  and 
practice  aid  them  chiefly,  but  men  of  sense  do  not  con- 
tent themselves  with  knowing  a  thing,  but  make  them- 
selves thoroughly  acquainted  with  the  reasons  on  which 
that  knowledge  is  founded.  1  beg  you  will  carefully  ob- 
serve this  in  your  present  and  future  studies.  Memory 
may  fail  you,  but  when  an  impression  is  made  by  reason 
it  will  last  as  long  as  you  retain  your  understanding. 


i 


it 


[,18 
1.(11 


22 


Charles  Carroll  of  Carrollton. 


ilMh 


lit 


!  ■ 


ll 


I 


I  cannot  wish  to  have  a  better  account  of  you  than 
what  I  have  from  Messrs.  Carvall,  Wappeler  and  N 
ton,  and  I  doubt  not  you  will  daily  merit  it  more 
more.      If  you  do  it  will  afford  me  the  greatest  comfort 
and  satisfaction  and  increase  the  love  I  have  for  you. 
I  am,  dear  Charley, 

most  affectionately  your  father 

Charles  Carroll. 

To  Mr.  Charles  Carroll 
at  Blandike.' 

The  father  wrote  again  to  his  son,  September 
30th,  1754: 

*'  You  say  that  you  do  not  like  Poetry  nor  succee''  1 
it  as  well  as  in  your  other  studies.  This  will  find  y 
Rhcims.  You  will  there  enter  upon  a  new  stage  and  en- 
joy a  greater  degree  of  Liberty  than  you  have  hitherto 
had.  I  trust  that  your  conduct  may  be  instructive  and 
edifying  to  your  schoolfellows. 

It  gives  me  great  pleasure  that  you  are  so  exceedingly 
fortunate  as  to  have  your  cousin  Anthony  with  you  who 
can  so  much  better  serve  you.  Cherish  and  be  thankful 
for  the  blessing,  and  to  show  that  you  are  so,  behave  al- 
ways with  all  possible  respect  towards  him.  Never  be 
on  the  reserve  with  him,  or  backward  in  asking  his  ad- 
vice in  everything,  though  to  you  seemingly  insignificant. 
Look  always  upon  him  as  your  Friend  and  not  as  your 
Tutor."" 

Anthony  Carroll  was  a  second  cousin  of  Charles 
Carroll  of  Carrollton,  being  descended  from  his 
grandfather's  elder  brother   who  had  remained   in 

'  Family  papers,  Mrs.  William  C.  Pennington 
*  Ibid. ,  Rev.  Thomas  Sim  Lee, 


I 


ii    ! 


Dr.  Charles  Carroll  and  his  Son,        23 


u  than 

[  N     ■ 

re 

lomfort 


ROLL. 


tember 


ccee'      ' 

d  y 

and  en- 
hitherto 

tive  and 

eedingly 
you  who 
thankful 
jhave  al- 
^ever  be 

his  ad- 
enificant. 

as  your 

Charles 
rem  his 
lined   in 


4: 


Ireland.  A  letter  of  the  elder  Charles  Carroll  is 
extant,  written  September  12th,  1755,  introducing  to 
some  "  reverend  gentleman "  whose  name  is  not 
preserved,  a  survivor  of  the  battle  of  Monongahela  : 

"The  bearer,  Mr.  Hopkinson,  is  a  young  gentleman 
of  this  province,  and  went  as  a  volunteer  with  General 
liraddock, — was  in  the  unfortunate  action  at  Mononga- 
ella  \_sic\  where  I  am  told  he  behaved  well,  and  suffered 
much  by  the  loss  of  his  baggage,  besides  the  expence  he 
lus  been  at  in  fitting  himself  out.  Not  discouraged  by 
a  loss  which  has  much  impaired  his  fortune,  he  is  willing 
again  to  venture,  and  as  it  is  fitting  persons  of  such  a 
disposition  should  be  encouraged,  I  take  the  liberty  to 
recommend  him  to  you,  having  myself  no  interest,  and 
if  you  will  be  pleased  to  recommend  him  to  General 
Shirley,  or  any  other  person  of  interest,  I  doubt  not  he 
will  behave  in  such  a  manner  as  to  give  you  no  reason  to 
repent  the  favors  you  may  show  him."  ' 

About  this  time,  September  29th,  1755,  Dr.  Charles 
Carroll,  father  of  Charles  Carroll,  barrister,  died,  at 
the  age  of  sixty-four,  having  been  forty  years  in  the 
colony.  He  was  associated  with  his  relative  Charles 
Carroll  of  Annapolis  and  Doughoregan  Manor,  in 
the  Baltimore  or  Patapsco  Iron  Works  Company, 
founded  in  1731,  in  Baltimore,  or  Anne  Arundel 
County.  A  letter  from  Dr.  Carroll  to  Charles 
Carroll,  Esq.,  written  in  1748,  and  messages  from  one 
to  the  other  in  the  correspondence  of  the  two 
cousins  through  the  years  1748  and  1749,  with  their 
relative,  Richard  Croxall,  the  manager  of  the  works, 
attest  the  intimacy  existing  at  this  time  between 

'  Pennsylvania  Historical  Society. 


■  ii! 


■•  1,1 


iij 


1 


24 


Charles  Carroll  of  Carrollton. 


M 


{•\ 


I  I 


the  two  families/  Richard  Croxall  and  his  brother 
Charles  are  frequently  mentioned  in  the  Carroll 
letters.  Their  mother,  Joanna  Carroll  Wus  a  sister 
of  Mr.  James  Carroll.  The  exact  relationship  of 
James  and  Joanna  Carroll  to  Dr.  Carroll,  and  to  the 
Carrolls  of  Carrollton,  has  not  been  determined. 
Charles  Carroll  left  his  affairs  in  charge  of  Richard 
Croxall,  on  his  visit  to  Europe  in  1757.  He  wrote 
to  his  son  the  following  admirable  letter,  in  1756 : 

July  26th,  1756. 

Dear  Charley : 
I  have  received  the  following  letters  from  you  Dec.  14th, 

1755,  one  without  a  date,  wrote  as  I  suppose  about  the 
loth  of  last  January,  and  the  last  dated  February  27th, 

1756.  You  may  be  assured  they  were  all  very  welcome 
to  me  and  your  mama.  I  suppose  you  may  buy  Locke 
and  Newton  in  Paris,  if  not  desire  your  cousin  Anthony 
cO  write  to  Mr.  Perkins  to  send  them  to  you  or  any  other 
books  you  may  want.  As  war  is  declared  I  know  not 
how  you  will  get  these  books.  The  carriage  through 
Holland  will  amount  to  more  than  the  first  cost.  If  they 
could  be  sent  to  Rouen  they  would  by  the  Seine  reach 
you  at  little  expense. 

Tho'  we  are  threatened  with  the  introduction  of  the 
English  Penal  Laws  into  this  Province,  they  are  not  yet 
introduced.  But  last  May  a  law  passed  here  to  double 
tax  the  lands  of  all  Roman  Catholics.  I  wrote  you  the 
i6th  of  last  September  and  then  inclosed  one  from  your 
mama  ;  as  you  do  not  acknowledge  the  receipt  of  that 
letter,  I  suppose  your  mama's  letter  miscarried  with  it. 

I  am  glad  to  hear  you  enjoy  your  health  at  Paris.     I 

'  Family  papers,  Mrs.  William  C,  Pennington. 


|)ii 


il 


At  Schcol  in  Paris. 


25 


I 


of  the 
lot  yet 
Idouble 
rou  the 
11  your 
»f  that 

it. 
iris.     I 


sent  your  letter  to  your  cousin  Walter  Hoxton,  There 
was  no  final  decree  against  Dr.  Carroll.  He  died  before 
the  cause  was  ripe  for  a  trial,  but  I  hope  his  son  will  be 
obliged  in  time  to  pay  what  his  father  justly  owed.  All 
your  letters  give  reason  to  hope  my  scheme  will  succeed. 
I  have  wrote  to  cousin  Anthony  to  whom  I  refer  you  on 
this  head,  as  1  refer  him  to  you  for  what  follows  :  You 
desire  to  know  the  origin  of  our  American  war,  and  the 
events  that  have  happened  in  the  course  of  it.  I  will 
endeavor  to  satisfy  you  in  as  clear  and  concise  a  manner 
as  I  can.  If  the  priority  of  discovery  was  only  to  give  a 
title  to  lands  in  America,  the  King  of  Spain  would  be 
entitled  to  all  America ;  as  neither  France  or  England 
would  agree  to  such  a  claim  each  of  them  must  found 
their  title  to  their  several  dominions  here  in  possession. 
The  uncontested  possessions  of  the  English  seem  to  be 
from  Kennebeki  River  southward  to  the  river  Savanna 
which  is  the  northern  boundary  of  our  new  colony  of 
Georgia. 

The  possessions  of  the  French  before  the  Treaty  of 
Utrecht  were  from  the  Kennebeki  to  the  northward  to 
include  Acadie,  He  Royal,  all  Nova  Scotia,  New  France 
or  Canada,  and  Louisiana.  The  first  settlements  of  both 
nations  were  upon  the  shores  of  the  seas  and  rivers  that 
wash  their  several  territories.  As  their  colonies  increased 
the  French  extended  their  settlements  to  the  eastward, 
the  English  theirs  to  the  westward.  The  settlements 
under  the  different  nations  now  approaching  each  other 
the  question  is  how  far  the  English  shall  extend  theirs  to 
the  westward  and  the  French  theirs  to  the  eastward. 

The  English  in  many  or  most  of  their  grants  extend 
the  western  bounds  of  their  colonies  to  the  South  Sea  but 
may  be  not  with  much  justice  or  reason,  for  by  this  pre- 
tension they  would  not  only  swallow  up  all  the  French 


ill 


l*i*l 


26 


Charles  Carroll  of  Carrollton. 


settlements  on  the  Mississippi,  but  New  Mexico  which 
the  Spaniards  will  hardly  consent  to.  Nature  seems  to 
have  pointed  out  other  boundaries  to  the  two  nations 
which  perhaps  in  the  next  treaty  of  peace  they  may 
establish.  The  French  as  settled  on  St.  Lawrence  and 
the  Mississippi,  I  suppose  claim  all  the  lands  v  .red  by 
the  several  rivers  and  streams  falling  into  the  said  rivers. 
The  English  by  a  parity  of  reason  may  as  justly  claim 
the  lands  lying  on  the  several  rivers  and  streams  empty- 
ing themselves  into  the  Atlantic  Ocean.  This  division 
of  the  waters  is  made  by  the  Apalathean  Mountains 
which  take  their  rise  in  the  point  of  Florida  and  extend 
thence  to  the  northward,  inclining  more  or  less  to  the 
eastward,  and  this  chain  of  mountains  as  I  said  before, 
may  perhaps  be  hereafter  agreed  on  as  the  common 
boundary  between  the  contending  powers. 

The  dispute  about  their  possessions  to  the  northward 
is  of  a  more  intricate  nature.  The  French  were  certainly 
the  first  settlers  not  only  of  Canada  but  of  Nova  Scotia 
and  Acadie  which  they  contend  to  be  two  different  prov- 
inces. The  English  on  the  contrary  contend  that  Nova 
Scotia  includes  all  Acadie.  The  priority  of  the  French 
possession  of  the  aforesaid  countries  I  believe  is  undis- 
puted, and  tho*  they  were  formerly  disturbed  in  their 
possession  of  Nova  Scotia,  under  which  name  I  include 
Acadie,  yet  by  treaties  Nova  Scotia  was  always  restored 
to  them,  except  by  the  Treaty  of  Utrecht.  By  the  Treaty 
of  Utrecht  the  French  ceded  all  Nova  Scotia  to  England. 
The  dispute  at  present  between  the  two  nations  is  about 
the  bounds  of  Nova  Scotia,  which  the  French  pretend  to 
establish  in  such  a  manner  as  to  leave  out  a  great  part 
of  that  province  to  themselves  under  the  names  of  Acadie 
and  Gaspisie.  As  far  as  I  have  read,  the  English  by  the 
Treaty  of  Utrecht,  seem  to  have  a  right  to  all   Nova 


England  and  France  at  War.  2  7 

Scotia  and  Acadie,  but  as  provinces  and  states  seldom 
think  themselves  bound  by  treaties  which  unsuccessful 
war,  or  a  bad  state  of  their  affairs,  forces  them  to  enter 
into,  I  imagine  that  France,  seeing  the  importance  of 
Nova  Scotia  and  Acadie,  not  only  to  their  trade  and 
navigation,  but  to  their  colony  of  Canada,  are  now  en- 
deavoring to  avail  themselves  of  a  favorable  time  and 
occasion  to  recover  by  force  Nova  Scotia  and  Acadie, 
which  only  force  and  necessity  wrested  from  them. 

Accordingly  ever  since  the  Treaty  of  Aix-la-Chapelle, 
the  French  have  been  encroaching  on  the  English  in 
Nova  Scotia.  They  made  some  settlements  at  St,  John's 
River  in  the  Bay  of  Fundy,  or  as  the  French  call  it  Baye 
Francois  ;  they  erected  forts  on  the  peninsula  between 
Bay  Vert  and  Beaubasin.  The  English  last  summer  took 
these  places  from  the  French  by  forces  sent  from  New 
England,  with  little  loss,  and  have  removed  all  the 
French  neutrals  in  Nova  Scotia,  some  say  to  the  number 
of  12  or  15000  souls,  to  their  different  colonies  on  the 
continent,  where  they  have  been  treated  with  more  or 
less  humanity.  It  has  been  the  misfortune  of  900  and 
odd  of  these  poor  people  to  be  sent  to  Maryland,  where 
they  have  been  entirely  supported  by  private  charity,  and 
the  little  they  can  get  by  their  labor,  which  for  want  of 
employment  has  been  but  a  poor  resource  to  them.  Many 
of  them  would  have  met  with  very  humane  treatment 
from  the  Roman  Catholics  here,  but  a  real  or  pretended 
jealousy  inclined  this  government  not  to  suffer  them  to 
live  with  Roman  Catholics.  I  offered  the  government 
to  take  and  support  two  families  consisting  of  fourteen 
souls,  but  was  not  permitted  to  do  it. 

The  case  of  these  poor  unhappy  people  is  so  hard  that 
I  wonder  it  has  not  been  taken  notice  of  by  some  of  our 
political  writers  in  England.    They,  since  the  Treaty  of 


'il- 


f 


.',  -iii 


II' 


% 


28 


Charles  Carroll  of  Carrollton, 


i  {\ 


Utrecht  have  been  permitted  to  enjoy  their  property  and 
possessions  upon  taking  an  oath  of  allegiance  to  the 
King  of  England.  This  oath  they  say  they  have  never 
violated,  the  truth  whereof  seems  to  be  confirmed  by  the 
capitulations  of  the  forts  of  Beaubasin,  by  an  article 
whereof  the  neutrals  taken  in  these  forts  were  pardoned 
as  being  forced  by  the  French  under  the  pain  of  military 
execution  to  take  up  arms.  However  their  fidelity  was 
suspected  and  they  have  been  sacrificed  to  the  security 
of  our  settlements  in  her  part  of  the  world.  They  have 
neither  been  treated  as  subjects  or  enemies  ;  as  subjects 
they  were  entitled  to  the  benefit  of  our  laws,  and  ought 
to  have  been  tried  and  found  guilty  before  they  could  be 
punished,  and  to  punish  them  all,  all  ought  to  have  been 
tried  and  convicted.  If  they  are  deemed  enemies  they 
ought  to  be  treated  as  such  and  maintained  as  prisoners 
of  war.     But  no  care  has  been  taken  here  in  that  respect. 

These  poor  people  for  their  numbers  were  perhaps  the 
most  happy  of  any  on  the  globe.  They  manufactured 
all  they  wore,  and  their  manufactures  were  good  ;  they 
raised  in  great  plenty  the  provisions  they  consumed  ;  their 
habitations  weic  warm  and  comfortable  ;  they  were  all 
upon  a  level,  being  all  husbandmen,  and  consequently 
as  void  of  ambition  as  human  nature  can  be.  They 
appear  to  be  very  regular  and  religious,  and  that  from 
principle  and  a  perfect  knowledge  of  their  duty,  which 
convinces  me  that  they  were  blessed  with  excellent  pastors. 
But  alas,  how  is  their  case  altered  !  They  were  at  once 
stripped  of  everything  but  the  clothes  on  their  backs  : 
many  have  died  in  consequence  of  their  sufferings,  and 
the  survivors  see  no  prospect  before  them  but  want  and 
misery. 

The  first  hostilities  on  the  Ohio  began  in  1754.  The 
Virginians  attempted  to  build  a  fort  there,  which   the 


js,  and 
lint  and 


The 

:h   the 


Hostilities  in  America. 


29 


French  prevented,  and  constructed  one  themselves  called 
Fort  DuQuesne.  It  was  upon  his  march  to  this  fort  that 
General  Braddock  was  defeated  and  killed.  The  victory 
was  as  complete  as  could  be.  We  lost  at  least  800  in  the 
field.  The  greatest  part  of  our  train  and  magazines  fell 
into  the  enemies  hands,  the  rest  was  destroyed  to  facilitate 
our  retreat.  What  adds  to  our  shame  is  that  we  suffered 
this  disgrace  from  between  three  and  five  hundred  In- 
dians. This  information  I  had  from  an  officer  of  distinc- 
tion who  I  believe  knew  what  he  said  to  be  fact,  and 
on  whose  honor  and  veracity  I  have  reason  to  rely.  I 
hope  for  the  honor  of  the  French  nation,  that  Indians 
were  only  concerned  in  this  action,  for  the  wounded 
were  all  massacred,  an  inhumanity  which  I  am  confident 
French  officers  and  soldiers  would  not  be  guilty  of. 

The  next  action  of  consequence  was  between  the  troops 
under  the  command  of  the  Generals  Dieskau  and  John- 
son near  the  Lake  of  the  Sacrament.  The  loss  of  men 
on  either  side  was  very  inconsiderable  ;  I  believe  we 
lost  most,  about  three  hundred.  We  were  prevented 
from  attacking  Fort  St.  Frederic,  as  were  the  French 
from  destroying  General  Shirley's  army  at  Oswego  on 
Lake  Ontario,  by  cutting  off  the  communication  between 
Albany  and  that  place,  In  case  Dieskau  (who  is  still  at 
New  York  and  likely  to  live)  had  been  victorious  Shirley 
must  have  surrendered  himself,  his  army  and  Oswego, 
probably  without  striking  a  stroke.  Albany  must  also 
have  surrendered,  and  New  York  perhaps  might  have 
been  destroyed,  which  will  give  you  a  proper  idea  of  the 
importance  of  the  lucky  stand  made  by  General  Johnson, 
whose  service  has  been  honorably  and  bountifully 
rewarded  by  his  Majesty. 

Since  that  action  both  nations  seem  to  act  on  a  defen- 
sive plan,  except  that  the  French  by  parties  have  now 


II 


f 


T 

1 

1 

1 

1 

■Nl" 

1  i 


f 


I  ;i 


ii 


M 


'!    'j! 
*    III 


'  . 


30  Charles  Carroll  of  Carrollton. 

and  then  surprised  small  convoys  of  prisoners  &c.,  going 
to  Oswego.  Our  naval  force  on  Lake  Ontario  according 
to  our  Gazettes,  consists  of  seven  armed  snows,  brigs, 
sloops  and  schooners  carrying  22  six  pounders,  52  four 
poundv'^rs,  and  80  swivels,  and  upwards  of  230  whaleboats 
each  carrying  xd  men.  I  know  not  what  vessels  the 
French  have  there  to  oppose  us.  Their  not  attacking 
Oswego  last  winter  seems  to  point  out  their  weakness. 
This  is  all  I  know  of  the  events  of  the  war  to  the  north- 
ward to  this  time,  except  several  murders  committed  by 
their  savages. 

From  New  York  southward,  since  Braddock's  defeat, 
the  French  have  only  attacked  us  by  their  Indians,  who 
have  [committed]  and  still  continue  to  commit,  the  most 
shocking  barbarities  on  our  back  settlers  in  Pennsylvania, 
Maryland,  and  Virginia  ;  but  I  find  these  our  sufferings 
are  vastly  magnified  in  the  English  papers.  I  do  not  be- 
lieve these  provinces  have  lost  at  this  time,  killed  and 
captivated,  three  hundred  souls,  200  in  Pennsylvania, 
about  25  in  Maryland,  the  rest  in  Virginia.  The  remot- 
est of  my  lands  have  not  suffered,  and  I  think  myself 
and  your  mama  to  be  in  no  more  danger  than  you  are  at 
Paris,  Maryland  being  in  a  great  measure  screened  by 
the  more  advanced  settlements  of  Pennsylvania  and  Vir- 
ginia. The  Indians  act  as  wolves  in  small  parties  and 
by  surprise,  and  it  is  no  wonder  that  the  British  subjects 
entirely  undisciplined,  should  hitherto  have  suffered,  but 
daily  precautions  are  taking  for  our  security,  by  erecting 
lines  of  forts  on  all  our  frontier,  which  will  not  only  pro- 
tect us  but  intercept  the  savages  on  their  retreat,  which 
they  constantly  make  as  soon  as  they  [paper  torn]. 
My  plantation  where  you  lived  has  been  greatly  improved. 
But  that  and  all  my  other  possessions  I  am  determined  to 
quit,  if  I  can  meet  with  the  success  I  expect  from  my 


Parental  Letters  and  Home  News.       3 1 


,  going 
ording 
,  brigs, 
52  four 
leboats 
els  the 
tacking 
akness. 
;  north- 
itted  by 

defeat, 
ns,  who 
he  most 
lylvania, 
ifferings 
1  not  be- 
lled and 
sylvania, 
;  remot- 
myself 
lU  are  at 
;ened  by 
.nd  Vir- 
ties  and 
subjects 
red,  but 
erecting 
inly  pro- 
,t,  which 
r   torn], 
proved, 
ined  to 
rom  my 


scheme.  I  shall  remove  from  a  settled  and  a  well  im- 
proved estate,  and  in  the  sale  of  which  I  expect  to  lose 
to  the  value  of  at  least  ;^  10,000  sterling  ;  but  to  procure 
ease  to  myself  by  flying  from  the  pursuits  of  envy  and 
malice,  and  to  procure  a  good  establishment  for  you,  I 
am  willing  to  undergo  and  struggle  with  all  the  difficul- 
ties and  inconveniences  attending  on  a  new  settlement 
in  a  new  climate.  There  is  but  one  man  in  the  Province 
whose  fortune  equals  mine.  Judge  from  this  of  the  love 
I  bear  you,  but  at  the  same  time  be  persuaded  that  my 
affection  is  greatly  increased  by  the  most  agreeable  ac- 
counts I  receive  of  your  pious,  prudent  and  regular 
behavior,  of  your  sweet  temper  and  disposition,  of  the 
proficiency  and  figure  you  make  in  your  studies. ' 

Mrs.  Carroll  writes  to  her  son  : 

"  Watty  Hoxton  came  to  see  us  about  three  weeks 
ago.  He  told  me  he  would  answer  your  letter  by  the 
first  opportunity.  I  bid  him  inform  you  he  was  going 
to  be  married.  He  is  to  be  shortly  married  to  an  agree- 
able young  woman  of  a  good  fortune  and  a  Roman  Cath- 
olick.  I  wish  him  [paper  torn]  happy  but  I  think  him 
quite  too  young  to  marry.  You  are  always  at  heart  my 
dear  Charley,  and  I  have  never  tired  asking  your  papa 
questions  about  you.  I  daily  pray  to  God  to  grant  you 
his  grace  above  all  things,  and  to  take  you  under  his 
protection."' 

Charles  Carroll  very  naturally  chafec  under  the 
disabilities  suffered  by  the  Roman  Catholics  in 
Maryland  at  this  time,  and  he  thought  seriously  of 
leaving  the  province  altogether.  At  the  head  of 
other  gentlemen  of  his  faith,  he  proposed  to  obtain 

'  Family  papers,  Rev.  Thos.  Sim  Lee. 
"^  Ibid.,  Mrs.  William  C.  Pemiington. 


1'  '"i 


I' 


1 1 


!f!| 


> 


'i 


11  U^ 


32 


Charles  Carroll  of  Carrollton. 


from  the  French  court  the  grant  of  an  immense 
tract  of  land  on  the  Arkansas  River  in  Louisiana. 
But  objection  was  made  to  the  extent  of  the  terri- 
tory asked  for,  and  other  obstacles  intervening,  the 
project  was  delayed,  and  as  the  unfriendly  laws  were 
relaxed,  it  was  finally  abandoned.  To  look  after  his 
"  scheme  "  for  moving  to  Louisiana,  was  one  of  the 
objects  of  Charles  Carroll's  visit  to  Europe  the  fol- 
lowing year.  He  set  sail  early  in  June,  1757.  In 
the  correspondence  of  Governor  Sharpe  is  the  fol- 
lowing reference  to  his  movements,  and  an  estimate 
of  his  character  and  standing,  proving  that  he  was 
looked  upon  as  a  leader  in  the  community.  It  was 
not  surprising  that  the  Roman  Catholics  regarded 
Governor  Sharpe  as  their  *'  professed  enemy,"  as  he 
himself  says,  for  he  had  just  passed,  against  their 
urgent  protest,  the  law  for  the  double  assessment  of 
their  lands.  The  letter  is  to  the  Governor's  brother, 
William  Sharpe,  in  London,  and  is  dated  July  6th, 
1757.     Governor  Sharpe  writes  : 

**  One  Mr.  Carroll,  who  is  at  the  head  of  that  sect 
[the  Roman  Catholics,]  and  is  possessed  of  a  fortune  of 
;^3o,ooo  or  ;^40,ooo  sterling,  among  us,  has  taken  a 
passage  to  England  in  a  vessel  that  lately  sailed  hence, 
and  will  probably  be  in  London  before  this  can  be  deliv- 
ered. What  his  views  or  intentions  are  in  taking  such  a 
voyage  at  this  time  I  know  not.  It  has  been  said  that 
he  has  thought  of  leaving  Maryland  and  carrying  his 
fortune  to  Europe.  He  has  a  son  about  twenty  two 
years  of  age,  now  at  Paris,  and  if  he  should  determine 
to  spend  the  remainder  of  his  life  in  Europe  it  is  not 
improbable  that  he  will  take  up  his  residence  in  some 


li: 


■   .   "ih 


V    I 


A  Visit  from  his  Father. 


33 


at  sect 
tune  of 
laken  a 
hence, 
deliv- 
such  a 
id  that 
ng  his 
[ty  two 
lermine 
is  not 
some 


part  of  France,  as  he  seems  by  sending  his  son  to  that 
kingdom  while  he  was  very  young,  and  by  supporting 
him  there  since  he  has  finished  his  studies,  to  prefer  that 
country.  He  is  a  sensible  man,  has  read  much  ?.ud  is 
well  acquainted  with  the  constitution  and  strengtii  of 
these  American  colonies.  If  he  is  inclined  to  give  the 
enemy  any  intelligence  about  our  American  affairs,  none 
is  more  capable,  but  indeed  I  do  not  conceive  he  has 
any  such  intention.  He  was  heretofore  a  bitter  enemy 
to  the  Lord  Proprietary,  but  having  behaved  with  mod- 
eration since  I  came  hither,  we  were  on  good  terms 
until  I  incurred  his  displeasure  by  assenting  to  an  act 
which  I  thought  equitable  and  which  you  say  appears 
to  you  in  the  same  light.  Since  that  time  all  corre- 
spondence between  us  has  been  broken  off.  I  presume 
he  will  be  much  among  the  merchants  while  he  stays 
in  London,  and  in  particular  with  his  friend  Mr.  Phil- 
pot.  Should  he  endeavour  to  do  me  any  prejudice 
with  my  Lord  [Baltimore]  or  any  one  else  during  his 
residence  there,  I  hope  you  will  be  able  to  render  his 
attempts  abortive."  ' 

On  his  w^ay  back  to  America,  in  the  winter  of 
I757~i758,  Charles  Carroll  wrote  from  London  the 
following  letter  to  the  son  with  whom  he  had  parted 
in  Paris  a  few  weeks  previously.  The  upper  part  of 
the  first  page  in  the  original  is  torn : 

[LoNUON,  January,  1758.] 

I  wrote  to  you  I  think  the  15  th  of   December,  the  day 

after  my  arrival  here,  and  January  ist,  acknowledging 

the  receipt  of  yours  of  December   19th,  and  this  is  an 

answer  to  yours  of  December  28th.     In  your  last  you 

'"Correspondence  of  Governor  Sharpe,"  Archives  of  Maryland, 
vol.  ii.,  p.  46. 

VOL.  1—3 


I 


W 


ii 


:f 


1 


■41 


% 


V  '     V 


i  '\ 


34 


Charles  Carroll  of  Carroll/on. 


^ 


'.i 


say  you  wrote  to  me  the  nth  of  December  ;  if  you  did 
so  the  letter  is  not  come  to  hand.  I  hope  my  letters  to 
you  have  not  miscarried,  but  that  the  first  reached  you 
in  a  few  days  after  the  date  of  your  last.  My  dear 
child,  I  thank  you  for  your  good  wishes,  nothing  can 
happen  to  me  more  agreeable  than  a  completion  of  them. 
However,  I  beg  you  will  be  persuaded,  that  in  every 
step  of  mine  relating  to  you,  your  happiness  only  has 
been  my  aim.  Make  use  of  the  advantages  I  give  you  ; 
improve  your  time,  and  in  a  few  years  you  will  clearly 
see  the  advantages  bestowed  on  you  by  a  provident  and 
tender  father. 

I  am  well  pleased  you  consider  how  your  money  goes 
out  ;  keeping  regular  accounts  need  not  restrain  you 
from  things  necessary  and  decent,  it  will  rather  enable 
you  to  procure  them  with  the  greater  satisfaction,  as  by 
a  review  of  your  accounts  you  will  see  whether  your 
money  has  been  well  or  needlessly  expended.  As  to 
things  decent  and  necessary  you  must  have  them.  I 
shall  not  begrudge  my  money  if  paid  out  in  that  way, 
and  therefore  you  must  draw  on  Mr.  Perkins,  [paper 
torn]  should  have  money  in  his  hands  which  I  have 
hopes  of.  You  did  well  to  write  to  L'  Isle  Dieu.  I 
have  also  wrote  to  him.  Pray  write  to  Mr.  Crookshanks 
to  get  your  Master  an  English  and  French  Dictionary, 
Do  not  consult  me  on  such  trifles.  Pray  present  my 
compliments  to  Messrs.  Mat  Fiteau  and  any  others  to 
whom  you  think  yourself  more  particularly  obliged.  I 
have  bought  the  translation  of  Pindar  for  Mr.  Power 
which  shall  be  sent  by  the  first  conveyance,  and  I  desire 
you  will  present  ray  sincerest  service  and  compliments 
to  him,  wishing  him  many  happy  New  Years. 

I  advise  you  not  to  make  too  general  an  acquaintance. 
A  return  of  civilities  is  to  be  paid  to  all ;  an  intimacy 


m 


4 


)U  did 
ers  to 
;d  you 
f  dear 
ig  can 

them. 

every 
ily  has 
e  you  ; 
clearly 
;nt  and 

ey  goes 

ain  you 
enable 

n,  as  by 

ler  your 
As  to 

ihem.     1 

lat  way, 
[paper 

L  I  have 

3ieu.     I 

kshanks 

tionary. 

sent  my 

thers  to 

iged.     I 
Power 
I  desire 
pliments 

lintance. 
lintimacy 


I 

•St- 


/7o7c>  to  Select  a  Friend, 


35 


is  not  to  be  contracted   with  any,  until  you  are   well 
acquainted  with  their  characters  and  manners  and   until 
you  are  convinced  they  are  in  the  esteem  of  good  men. 
It  is  much  easier  to  make  acquaintance  than  to  shake 
off  acquaintance  when  made.     IJe  nice  in  this  point,  and 
very  circumspect    in   the    choice    of    your    friend,    the 
number  that  will  deserve    that  name  I  am  certain  will 
bo  but   small.     Be   regular  in    the  distribution  of  your 
time  ;  relaxation  is  necessary,  two  afternoons  in  a  week 
will  not  be  too  much.     All  beginnings  are  difficult.     Your 
understanding  will  open  in  proportion  to  the  progress 
you  make  in  reading.     By  a  compendium  you  may  prob- 
ably mean  what  I  mean  by  a  Common  Place  book  which 
I  mentioned  and  recommended  in  my  last  [paper  torn] — 
of  last  November.     He  says  he  saw  your  mother,  that 
she  was  very  well  and  in  high  spirits,  having  heard  of 
my  safe  arrival.     Capt.  Carroll,  Mr.  Croxall  and  Daniel 
Carroll  all  desire  their  compliments  and  services  to  you. 
General  Mordaunt  has  been  acquitted  by  the  Court 
martial  but  with    General   Connoway  and   another  has 
been  disgraced  by  his  Majesty,  being  struck  off  of  the 
list  of  staff   officers.     We   have   taken   3    or  4  French 
frigates  since  my  arrival   here,  and   by  the   papers   of 
yesterday  a  frigate  of  36  guns  overset  in  chacing  and 
every  soul   perished.     We   have  besides   taken   a   great 
number  of  privateers  and  three  transports,  vessels  with 
provisions,  and  1800  soldiers  bound  to  Louisburg,  and 
we  were  in  pursuit  of  three  more.     Our  superiority  at 
sea  is  so  great  and  our  attention  to  America  so  much 
in   earnest,    2000    soldiers    going    thither   immediately 
and  8000  to  follow  in  six  weeks,  that  we  flatter  ourselves 
we  shall  not  only  be  able  to  keep  down  the  marine  of 
France  and  entirely  destroy  her  trade,  but  that  we  shall 
be  able  next  summer  to  distress  her  greatly  in  America, 


I '  I 


!■' 


.     \\\ 


!(: 


'  ( 


36 


Charles  Carroll  of  Carrollton, 


!       \ 


M'  ' 


while  by  supijlic.'s  to  the  King  of  Prussia,  we  shall  keep 
her  fully  employed  on  the  continent. 

I  thank  God  I  am  very  well.  I  dayly  pray  to  Him  to 
keep  you  so.  I  wish  you  many,  many  happy  New  Years, 
and  I  am, 

your  most  affectionate  father 
CiiA  :  Carroll. 

V.  S.  Dear  Charley,  Another  secret  expedition  is 
much  talked  of.  1  believe  1  shall  not  leave  London 
before  the  first  of  March,' 

'  Family  papers,  Mrs.  William  C.  I'eiiniiiijton. 


1 


'•i 


»! 


If- 


yli 


J 


CHAl'TKR   II. 


STUDDNT  LIFE  AHROAU. 


1758-1764. 


CHARLES  CARROLL  of  Carrollton  had  now 
attained  his  majority,  but  was  to  remain 
abroad  some  years  longer.  His  father  still  enter- 
tained thoughts  of  leaving  Maryland.  The  condition 
of  the  Roman  Catholics,  in  the  province  founded  as 
an  asylum  for  those  of  this  faith,  was  no  better 
than  in  any  other  English  colony.  The  discrim- 
inating test-oaths,  enforced  to  protect  the  Hano- 
verian dynasty  from  the  Jacobites,  excluded  Roman 
Catholics  from  the  Assembly,  prevented  them  from 
holding  ofifice,  denied  them  the  privilege  of  the 
suffrage.  They  were  not  allowed  the  public  exercise 
of  their  religion.  For  this  reason  gentlemen  of 
means  had  their  private  chapels,  and  Charles  Car- 
roll had  one  at  his  town  house  in  Annapolis,  as 
well  as  at  "  Doughoregan  Manor."  The  mansion 
at  the  latter  place  had  been  completed,  it  is  said, 
by  the  first  Charles  Carroll,  about  17 17,  though  it 
had  been  considerably  altered  and  extended  since. 
Returning   from  his  visit  to  Paris,  Charles  Carroll 

37 


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I     ! 


3« 


Charles  Carroll  of  CarrolUon. 


(.< 


. 


the  elder  arrived  "  at  his  seat  in  town,"  Sunday 
evening,  June  nth,  1758,  making  the  voyage  on 
the  Duke  Willianty  Captain  Bradford,  after  a  stormy 
passage  lasting  over  two  months.  The  ship  was 
one  of  a  fleet  of  twenty  under  convoy  of  the  man- 
of-war  Chesterfield.^  The  father  wrote  to  the  son 
February  igth,  1759:  "I  observe  the  advance  you 
have  made  in  reading  the  civil  law."  In  April  he 
tells  him :  "  I  shall  write  to  Mr.  Perkins  as  you 
desire,  to  take  Chambers  in  the  Temple  on  your 
arrival  in  London."  The  son  was  established  in 
the  English  metropolis,  and  engaged  in  his  legal 
studies  when  his  father  wrote  to  him  as  follows  : 

October  6th,  1759. 
.  .  .  Altho'  I  Still  think  it  will  be  for  your  interest 
and  happiness  to  sell  my  estates  in  Maryland,  yet  I  would 
not  have  you  either  decline  or  solicit  an  acquaintance 
with  Lord  Baltimore  or  his  uncle  Mr.  Caecelius  Calvert. 
If  you  should  accidentally  fall  in  their  way  you  may  when 
proper  let  them  know  that  you  are  not  unacquainted 
your  grandfather  came  to  this  country  after  regular 
study  of  the  law  in  the  Temple,  Attorney  General  ;  that 
he  was  honored  with  the  posts  of  Agent,  Receiver  Gen- 
eral, Judge  in  Land  affairs,  Naval  Officer,  and  that  he 
had  the  appointment  of  several  naval  ofScers  and  land 
surveyors  in  the  Province  ;  nor  that  after  he  had  served 
three  Lord  Baltimores  for  many  years  with  credit  and 
reputation  he  was  deprived  by  the  late  Lord  of  his  posts 
to  gratify  a  faction  whose  aim  was  to  divest  the  family 
of  the  government.  You  may  also  let  him  know  you 
are  not  ignorant  of  the  laws  made  at  that  time  and  lately 

'  Maryland  Gazeit(\  1758. 


II 


In  London  at  tJic  Temple, 


39 


to  deprive  the  Roman  Catholics  of  their  liberties,  and 
to  distress  and  vex  them.  That  the  memory  of  the 
favors  conferred  on  your  grandfather  will  always  incline 
you  to  promote  the  interest  of  the  Proprietary  family 
where  you  can  do  it  in  honor  and  justice.  But  remember 
the  ill  treatment  your  grandfatlier  met  with  after  so  long 
a  series  of  services  ;  remember  the  cruel  usage  of  the 
Roman  Catholics  by  the  late  and  present  Lord  Baltimore, 
and  let  that  so  weigh  with  you  as  never  to  sacrifice  your 
own  or  your  country's  interest  to  promote  the  interest 
or  power  of  the  Proprietary  family.  It  is  true  they  have 
it  in  their  power  to  confer  some  places  of  profit  and 
honor  with  acceptance,  but  as  you  cannot  hold  any  of 
them  as  the  laws  stand,  and  supposing  that  impediment 
removed,  as  I  would  not  wish  you  to  hold  any  of  them 
but  upon  honorable  terms,  I  cannot  think  it  will  be  worth 
your  while  to  pay  a  court  there,  or  show  any  other  re- 
spect than  such  a  one  as  is  due  to  them  as  Lords  of  the 
country  where  your  fortunes  lie.* 

Charles  Carroll  wrote  to  his  son  January  19th, 
1760:  "You  must  stay  at  least  four  years  in  the 
Temple.  You  cannot  acquire  perfect  knowledge  of 
the  law  in  less,  if  in  so  short  a  time,  and  that  know- 
ledge is  essential  to  you,  as  I  shall  leave  you  to  dis- 
pute many  things  which  the  present  injustice  of  the 
times  will  not  permit  me  in  prudence  to  contest."^ 
Governor  Sharpe  wrote  from  "  Belair,"  Colonel  Tas- 
ker's  place  where  he  was  visiting,  on  the  8th  of 
July,  1760,  and  thanked  his  brother  William  for  his 
civilities  to  certain  Maryland  gentlemen  then  in  Lon- 
don, of  whom  Charles  Carroll  of  Carollton  was  one. 

'  Family  papers,  Rev.  Thomas  Sim  Lee,  '  Ibid. 


Jl»  :' 


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40 


Charles  Carroll  of  Carrollton. 


They  had  been  asked  to  dine  at  William  Sharpe's. 
The  Governor  says : 

"  Two  of  them,  Mr.  Key  and  Mr.  Plater,  were,  before 
they  went  to  England,  members  of  the  Lower  House  of 
Assembly,  and  as  such  opposed  as  far  as  in  their  power, 
those  who  endeavoured  to  render  my  administration  un- 
easy. The  first  of  them  is  at  the  Temple,  where  I  believe 
he  intends  to  reside  three  or  four  years.  The  other  two 
gentlemen  that  dined  with  you  were  Roman  Catholics. 
Mr.  Carroll  I  never  saw,  he  having  been  in  France  many 
years,  and  the  other's  errand  home  or  in  Europe  was  to 
carry  his  children  to  some  college  in  Germany  where  he 
has  a  relation  that  is  a  Jesuit."  * 

Mrs.  Elizabeth  Brooke  Carroll,  the  mother  of 
Charles  Carroll  of  Carrollton,  died  March  12th,  1761, 
after  an  illness  of  two  years  and  eight  months.  It 
was  at  the  time  of  the  annoying  lawsuit  before  re- 
ferred to,  between  Mr.  Carroll  and  his  nephew. 
Clement  Hill  and  Basil  Waring,  who  were  acting  for 
the  younger  Carroll,  professed  to  find  Charles  Car- 
roll's accounts,  as  manager  of  the  estate,  at  fault. 
The  latter  speaks  feelingly  of  the  action  of  these 
gentlemen,  "  when  they  knew  his  wife  had  long  been 
and  was  dangerously  ill  of  the  sickness  whereof  .she 
soon  afterward  died."  And  "  from  his  then  dis- 
tressed situation  [he]  could  not  possibly  enter  into  a 
particular  examination  of  such  long  accounts,"  as 
they  had  sent  him. 

Very  clever,  and  keenly  sarcastic  sometimes,  are 

'  "  Correspondence  of  Governor  Sharpe,"  vol.  ii.,  p.  443,  Archives 
of  Maryland. 


A  Family  Laivsint. 


41 


are 

lives 


f-  a 


the  letters  of  Charles  Carroll  to  Messrs.  Hill  and 
Waring,  and  he  apparently  completely  refutes  the 
charges  made  against  him,  of  having  overcharged 
his  nephew  and  nieces  in  managing  their  estates. 
He  in  turn  accuses  Hill  of  taking  a  bribe  from 
Charles  Carroll  of  Duddington,  his  employer,  of  a 
pipe  of  Madeira  wine,  to  make  the  award  against  the 
elder  Carroll.  Writing  to  Clement  Hill,  he  says : 
"  Well  you  are  to  have  a  pipe  of  wine ;  some  men 
perhaps  would  chuse  to  drink  water  all  their  lives 
rather  than  accept  a  pipe  of  wine  on  such  an  occa- 
sion. Are  they  not  fools  ?  A  Pipe  of  Wine  is  a 
Pipe  of  Wine,  but  honour  is  an  empty-sounding 
thing  like  an  empty  Pipe,"  '  An  agreement  had 
been  made  between  Charles  Carroll  and  his  nephew, 
March  21,  1752,  as  to  the  division  of  the  property  in 
lialtimore  County  or  Anne  Arundel,  inherited  by 
them  under  the  will  of  the  Immigrant.  Charles  Carroll 
of  Annapolis  was  to  have  the  whole  of  "  Doohore- 
gan  "  [sic),  10,000  acres,  and  "  Chance,"  969  acres, 
and  Charles  Carroll,  Junr.,  was  to  have  "  Clynma- 
lyra,"  the  ''Vale  of  Jehosophat,"  "Ely  O'CarroU  " 
and  "  Litterlouna."  Parts  of  two  other  tracts  of  land 
"both  lately  in  Prince  George's  County,  but  now  in 
Frederic,"  Charles  Carroll  of  Annapolis  agreed  to 
convey  to  Charles  Carroll,  Jr.,  in  order  to  give  the 
latter  "  more  than  an  equivalent  for  the  exchange."  " 
The  following  correspondence  passed  between 
Charles  Carroll  and  his  son  during  the  years  1760- 
1764.     Charles  Carroll,  Sr.,  wrote  : 

'  Carroll  papers,  Scharf  Collection,  Johns  Hopkins  University. 
*  Land  Oftlce,  Deeds  and  Indentures. 


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42 


Charles  Carroll  of  Carrollton. 


July  14th,  1760.  .  .  .  My  father  directed  I  should 
go  to  the  Temple,  but  he  dying  just  as  I  had  finished  my 
Philosophy,  my  friends  thought  my  presence  necessary 
in  Maryland,  and  that  I  might  study  the  law  here.  I 
attempted  it  but  to  no  purpose. 

Maryland  was  granted  to  Ca^celius,  Lord  Baltimore,  a 
Roman  Catholic.  All  persons  believing  in  Jesus  Christ 
were  by  the  charter  promised  the  enjoyment  not  only  of 
religious  but  of  civil  liberty,  and  were  entitled  to  all  the 
benefits  of  lucrative  places,  &c.  It  was  chiefly  planted 
and  peopled  in  the  beginning  by  Roman  Catholics  ; 
many  of  them  were  men  of  better  families  than  their 
Proprietary  ;  these  privileges  were  confirmed  by  a  funda- 
mental and  perp.^tual  law  past  here,  and  all  sects  con- 
tinued in  a  peaceful  enjoyment  of  these  privileges  until 
the  Revolution,  when  a  mob  encouraged  by  the  example 
set  them  by  England,  rebelled  against  the  Lord  Balti- 
more, stript  him  of  his  government,  and  his  officers  of 
their  places.  Then  the  crown  assumed  the  government, 
the  Toleration  Act  as  I  may  call  it,  was  repealed,  and 
several  acts  to  hinder  us  from  a  free  exercise  of  our  re- 
ligion ]jast.  Benedict,  Lord  Baltimore,  upon  conforming 
to  the  Established  Church  in  the  year  1714,  was  restored 
to  his  government,  and  died  the  same  year.  His  son 
Charles,  Lord  Baltimore,  the  present  Lord's  father,  suc- 
ceeded, and  the  people  here  making  a  handle  of  the  Re- 
bellion of  1 7 15,  enacted  laws  enjoining  all  the  oaths 
taken  in  England  to  be  taken  here,  and  disqualified  any 
person  from  voting  for  members  to  represent  them  in  our 
Assembly  who  would  not  take  these  oaths,  and  many 
other  scandalous  and  oppressive  laws. 

To  these  the  Proprietary  was  not  only  mean  enough  to 
assent,  but  he  deprived  several  Roman  Catholics  em- 
ployed in  the  management  of  his  private  patrimony  and 


\ki 


Roman  Catholics  Double  Taxed. 


43 


revenue,  of  their  places,  and  among  the  rest  your  grand- 
father who  was  his  Agent  and  Receiver  General,  etc.,  and 
had  held  the  former  places  under  three  Lord  Baltimores  ; 
tills  no  act  compelled  him  to  do,  and  he  did  it  to  cajole 
an  insolent  rabble  who  were  again  aiming  to  deprive  him 
of  the  government.  From  that  time  to  the  year  1751  we 
were  unmolested,  but  then  the  Penal  Laws  of  England 
were  attempted  to  be  introduced  here  and  several  bills 
to  this  and  the  like  purposes  past  by  our  Lower  House 
but  rejected  by  the  Upper  House.  At  last  in  1756,  an 
act  was  passed  by  all  the  branches  of  the  legislature  here 
to  double  tax  us,  and  to  this  law  the  present  Proprietor 
had  the  meanness  to  assent,  tho'  he  knew  us  innocent  of 
the  calumnies  raised  against  us. 

From  what  I  have  said  I  leave  you  to  judge  whether 
I^Laryland  be  a  tolerable  residence  for  a  Roman  Catholic. 
Were  I  younger  I  would  certainly  quit  it ;  at  my  age  (as 
I  wrote  you)  a  change  of  climate  would  certainly  shorten 
my  days,  but  I  embrace  every  opportunity  of  getting  rid 
of  my  real  property,  that  if  you  please  you  may  the 
sooner  and  with  more  ease  and  less  loss  leave  it.  How- 
ever, my  most  valuable  lands  and  slaves  shall  be  kept  to 
the  last  that  you  may  chuse  for  yourself,  and  make  your- 
self as  happy  as  possible.  It  is  my  greatest  study  and 
concern  to  make  you  so.  ^ 

August  4th,  1 760. 

Dear  Charlie  : 

I  received  yours  of  the  13th  of  last  April  by  Capt. 
Kelty,  the  30th  of  last  month.  It  gives  us  great  pleas- 
ure to  hear  from  yourself  that  you  was  well,  and  much 
hetter  than  you  had  been  for  some  time  past.  Mr. 
Rozer  [Rozier]    went  from    my  house   yesterday.     His 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 


.'ii 

f  rji. 

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44 


Charles  Caj'roll  of  Carrollton. 


stay  was  so  short  that  I  had  not  time  to  ask  him  half 
enough  about  you.  He  promises  me  a  longer  visit  soon. 
By  him  I  learn  tliat  Mr.  Calvert  accidentally  invited  you 
to  dine  with  Mr.  Sharpe.  I  hear  you  have  seen  Mr. 
Jenifer  which  must  have  given  you  great  satisfaction. 
Pray  present  my  huml)le  and  sincere  service  to  him,  and 
to  Mr.  Crookshanks  whenever  you  write  to  him. 

We  are  well  and  present  our  love  and  blessing  to  you. 

I  am,  dear  Charley, 
Your  most  affectionate  father 

Chas.  Carroll.* 


■.-\ 


In  a  postscript  to  this  letter  the  father  quotes  from 
some  one  of  the  Maryland  kinsfolk,  who  had  written 
home  the  following  family  gossip : 

*'  My  cousin  Charles  Carroll  writes  to  me  from 
London  with  all  the  indifference  of  a  philosopher  that 
he  is  very  unconcerned  about  news  ;  *  Madievitas,*  says 
he  *  is  not  that  best  ?'  AVhat  Mr.  Carroll  told  you  con- 
cerning the  result  of  his  voyage  to  Europe  is  conform- 
able to  what  I  understood  from  his  son  when  I  saw  him 
last  September,  who  told  me  liis  father  had  not  succeeded 
at  Paris.  If  it  had  been  thought  proper  I  should  know 
the  motive  of  his  journey  he  would  probably  have  taken 
the  opportunity  to  tell  me.  But  as  he  did  not  I  suppose 
it  would  not  be  becoming  in  me  to  push  my  inquiries  any 
further.  I  went  from  Liege  to  Ghent  to  meet  my  cousin 
Charley  Carroll,  on  his  way  from  Paris  to  London. 
Mr.  Rozer  will  give  you  an  account  of  the  great 
improvement  he  has  made  in  France  and  his  elegant 
way  of  living  in  London." 


1  V 


Family  papers,  Mrs.  William  C.  Pennington. 


The  Bladens  and  Taskers. 


45 


A  portion  of  the  letter  of  Charles  Carroll  is  torn 
here,  and  then  it  continues  : 

In  yours  of  the  loth  of  April  you  say  you  are  not 
acquainted  with  Mr.  Bladen,  and  that  you  do  not  wish 
to  be  acquainted  with  him  as  he  is  a  ga[mbler?]  and 
that  that  is  not  your  only  reason  for  declining  his  acquaint- 
ance. This  is  mysterious,  what  reason  have  you  ?  He 
was  civil  to  me  when  [paper  torn].  I  have  been  long 
acquainted  with  him,  his  and  my  father  were  neighbors 
and  friends.  I  am  intimate  with  Mr.  Tasker  who 
married  his  sister,  therefore  if  he  makes  the  first  ad- 
vances be  polite  and  civil  [torn]. 

October  i3tli,  1760. 

In  mine  of  the  15th  past  I  acquainted  you  that  I  had 
sent  you  by  Mr.  Brown  2  doz.  of  Cain  si)irits,  but  as 
Capt.  Henrick  importuned  me  very  much  for  some  of 
my  old  Madeira  wine  and  would  not  be  refused,  I  have 
sent  the  Cain  spirits  by  him  with  an  equal  quantity  of 
Madeira  wine  which  you  will  find  to  be  very  good. 

Pray  do  me  the  favour  to  see  the  inclosed  be  safely 
conveyed  and  write  to  Mons.  Poison  acquainting  him 
that  you  will  take  care  of  any  letters  of  his  to  Mrs. 
Manjan.  Send  him  your  address  and  present  my  com- 
pliments to  him  and  his  lady.  You  remember  old  Mr. 
Tasker  and  his  son  the  Colonel,  a  very  worthy  young 
gentleman.  The  son  is  dangerously  ill  and  may  not 
recover.  In  that  case  many  applications  will  be  made 
for  the  place  he  enjoys,  viz.  the  Secretary's  office. 
Among  the  rest,  I  suppose  Mr.  Henry  Darnall,  my  first 
cousin  by  the  whole  blood,  will  not  be  so  wanting  to 
himself  as  not  to  lay  in  his  claim,  and,  in  my  opinion 
ought  to  succeed,  if  merit  [will  give  it  to  him,]  his  being 
related  to  my  Lord  Baltimore  and  consequently  to  Mr. 


^i 


^      J 


\iA  ..'-5  A.f  Si-^'.i  -J  is  i  7.'  (.fU''--.- 


Ik' 


IK 


46 


Charles  Carroll  of  Carrollton, 


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si' 


■I' 


■     1; 


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I  ill 


Caecelius  Calvert,  his  being  descended  from  one  of  the 
best  families  of  the  country,  from  a  family  which  early 
settled  in  this  province,  has  made  a  very  considerable 
figure  in  it,  has  held  the  chief  posts  in  it,  has  been  very 
serviceable  to  it,  has  been  remarkably  serviceable  to  the 
Proprietary  family,  has  suffered  for  it,  and  whose  at- 
tachment to  it  has  been  faithful,  and  so  constant  that  no 
one  act  of  theirs  can  give  the  least  grounds  to  doubt  it  ; 
and  yet  considering  the  little  notice  that  has  been  lately 
taken  of  him,  I  think  it  more  than  probable  he  will  not 
succeed. 

Though  I  am  convinced  it  is  Mr.  Calvert's  inclination 
to  serve  him,  for  as  soon  as  he  came  into  power,  to  the 
post  of  Attorney  General  which  Mr.  Darnall  then  held, 
he  added  that  of  Naval  Officer  of  Patuxent,  and  ordered 
him  to  be  made  one  of  the  Committee.  This  plainly 
showed  Mr.  Calvert  thought  him  worthy  of  the  highest 
offices  here,  and  consequently  made  him  enemies  who 
despairing  of  preventing  his  rise,  branded  him  with  being 
Papist,  popishly  affected,  disaffected  to  the  government 
cS:c.  (Sic,  (for  what  will  not  malice,  faction,  ambition  and 
envy  prompt  men  to  do)  although  he  had  long  conformed 
to  the  Established  Church  and  taken  all  the  oaths.  The 
Governor  at  the  same  time  was  influenced  by  these  men, 
and  I  suppose  represented  Mr.  Darnall  to  Mr.  Calvert  in 
such  a  light  as  to  put  a  stop  to  his  intentions  to  serve  him, 
which  with  Mr.  Calvert's  fears  of  being  himself  accused 
of  being  popishly  [paper  torn].  Thus  the  family  of  the 
Proprietary  have  sacrificed  us,  abandoned  their  friends, 
courted  their  enemies  by  bestowing  all  favours  on  them  ; 
a  policy  as  weak  and  foolish  as  it  is  scandalous  and 
ungrateful. 

By  yours  I  see  you  have  had  some  discourse  with  Mr. 
Calvert  about  the  Roman  Catholics.     This  I  took  notice 


I  '• 


S^vtl  t.. 


Ingratittidc  of  the  Calvcris, 


47 


of  before,  and  some  passages  in  mine  to  you  of  April 
i6th,  1759,  February  9th,  1759,  October  6th,  1759, 
January  ist,  1760,  May  ist,  1760,  July  i4tli,  1760,  will 
show  you  that  no  dependence  is  to  be  had  on  peace  for 
us  here,  since  in  the  last  instance  of  the  act  double 
taxing  us,  my  Lord  thought  proper  to  assent  to  it, 
though  he  knew  us  to  be  innocent,  and  the  charges 
brought  against  us  to  be  false  and  scandalous.  I  would 
never  have  you  be  ungrateful  or  act  dishonorably  by 
oiJl)osing  the  Proprietary  family  merely  for  opposition 
sake  (should  you  resolve  to  settle  in  Maryland  against  my 
opinion),  but  at  the  same  time  I  think  you  will  act  foolish- 
ly if  from  principle  you  espouse  the  interest  of  a  family 
who  have  plainly  showed  that  they  have  no  principle  at 
all,  or  at  least  that  gratitude  and  justice  and  honor  have 
no  influence  on  their  principles. 

This  accompanys  Mr.  Brown.  My  house  has  been 
his  home,  and  he  well  deserves  the  little  civilities  1 
showed  him.  He  cannot  be  reconciled  to  Maryland 
notwithstanding  your  mother's  banter.  He  will  present 
my  service  to  Mr.  Perkins  and  his  uncle  Jo  :,  and  the 
gentlemen  in  the  house.  I  hope  you  will  do  the  same, 
and  to  all  my  other  friends  in  Paris,  London,  &c.  God 
bless  and  grant  you  health. 

I  am,  dear  Charley,  your  most  affectionate  father 

Cha.  Carroll.* 


\i 


June  22nd,  1761. 
Dear  Charley  : 

You  remember  I  got   the  Genealogy  of  our  family 

translated  from  the  Irish  when  I  was  at  Paris.     But  I 

know  not   from  which  of  the  branches   our  family  is 

descended,  but  I  should  think  from  the  family  of  Daniel 

» Ibid. 


i*: 


V,  r 


I    I    i 


^'^ 


.  ,^ 


If  ^  M 


1 1 


r 


•11' 

Ail 

V        |( 

I      ( 


.< 


!§ 


48 


CJiarlcs  Carroll  of  Carrolton. 


of  Adamstovvn,  but  by  the  enclosed  print  you  will  see 
your  grandfather  stiles  himself  2nd  son  of  Daniel  Car- 
roll of  Litterlouna.  His  elder  brother  was  Antony,  your 
cousin  Antony's  grandfather  who  I  suppose  was  born 
about  the  year  1630  [1650?].  His  son  Michael  was 
living  a  few  years  past  and  may  be  still  living,  and  from 
him  by  the  means  of  your  cousin  Antony,  or  from  others 
you  may  trace  our  branch  of  the  family  back  to  1500  or 
higher  if  you  can,  and  in  as  distinct  a  manner  as  you  can, 
and  I  desire  you  will  do  it. 

I  find  by  history  as  well  as  by  the  genealogy,  that  the 
country  of  Ely  O'Carroll  and  Uirguill  which  compre- 
hended most  of  the  King's  and  Queen's  countys,  were 
the  territories  of  the  O'CarroUs  and  that  they  were 
princes  thereof.  You  may  as  things  are  now  circum- 
stanced, and  considering  the  low  estate  to  which  all  the 
branches  of  our  family  are  reduced  by  the  struggles  the 
ancient  Irish  maintained  for  the  support  of  their  religion, 
rights  and  properties,  and  which  leceived  their  finishing 
stroke  at  the  Revolution,  think  my  inquiry  an  idle  one, 
but  I  do  not  think  so.  If  I  am  not  right,  the  folly  may 
be  excused  by  its  being  a  general  one,  and  I  hope  for 
your  own  and  my  sake,  you  will  gratify  me  in  making  as 
careful  an  inquiry  as  possible,  and  giving  me  what  light 
you  can  on  the  subject.  As  soon  as  there  is  a  peace,  I  will 
send  you  the  Genealogy,  in  Irish  and  English,  and  I  desire 
you  will  get  our  family  in  particular  traced  to  its  origin. 

I  am,  my  dear  Charley,  your  most  affectionate  father 

Ch  :  Carroll. 

To  Charles  Carroll,  Esq  :  London.' 

\yuly,  1761.]  1  again  seriously  recommend  it  to  you 
to  learn  the  art  of  bookkeeping  ;  half  an  hour  a  day  spent 

'  Family  papers,  Rev.  Thomas  Sim  Lee, 


w 


u 


Gene  a  ioQt'ea  I  In  vest  i's'iU  ions. 


49 


fou 


with  a  master  will  be  sufficient.  Learn  arithmetic  also 
inctiiodically  ;  Surveyijig  with  a  com[)ass  and  chain  will 
not  take  so  much  time  as  bookkeeping,  and  the  know- 
ledge of  it  and  to  cast  up  the  contents  of  any  survey  is 
absolutely  necessary  to  every  landed  gentleman  here.' 

Charles  Carroll  of  Carrollton  wrote  to  his  father 
as  follows : 

/7^2.  No  degree  at  law  can  be  obtained  without 
being  called  to  the  bar.  The  being  entered  of  the  'J'em- 
|)le  is  a  necessary,  previous,  and  preparatory  step  to  that 
ceremony,  which,  though  a  ceremony,  is  an  opening  to 
all  preferments  in  the  law  ;  't  is  attended  with  no  other 
advantages,  but  many  and  great  inconveniences  ;  the 
chiefest  is  the  frequenting  loose  and  disolute  compan- 
ions. For  this  reason  I  have  resolved  not  to  enter 
myself  of  the  Temple — to  what  purpose  ?  Why  should 
I  expose  myself  to  danger  and  be  at  needless  though 
small  expense  without  any  view  or  hope  of  profit  and 
advantage  ? 

August,  6th,  1762. 
Dear  Papa  : 

I  wrote  to  you  the  4th  of  last  month.  In  that  letter  I 
started  some  difficulties  in  your  lawsuit  with  Clifton 
which  as  that  letter  may  have  miscarried,  I  shall  here 
repeat  .  .  .  The  i6th  October,  1752  you  obliged 
Clifton  to  execute  a  bond  to  Ignatius  Digges     .     .     . 

You  desired  me  in  one  of  your  letters  to  trace  our 
branch  of  the  family  back  to  1500  by  means  of  Cousin 
Antony  or  some  one  else.  He  is  the  only  one  to  whom 
I  could  apply  for  information,  or  any  other  lights  on  this 


iU 


I  \v ' 


,r, 


P^ 


1  Il>iii. 


VOL.  1—4 


^! 


50  Charles  Carroll  of  Carrolltoii, 


1  1 


sul)ject.  I  wrote  to  him  and  have  received  his  answer 
which  for  your  satisfaction  I  shall  transcribe  verb.itim  : 

**  I  shall  do  all  in  my  power  to  procure  the  information 
both  you  and  your  father  desire,  tho'  it  seems  pretty 
certain  I  cannot  do  much  considering  how  matters  stand 
at  this  time.  The  last  letter  I  had  from  Ireland  gave  an 
account  of  the  death  of  Mr.  Alexander  Carroll,  Ceesar's 
father,  Mr.  John  Carroll  the  Colonel's  brother,  and 
Uncle  Michael.  I  scarce  know  anyone  that  I  can  expect 
intelligence  from.  When  I  was  a  boy  we  had  Dr. 
Keaton's  Irish  History  in  MS.,  in  which  I  remember  to 
have  heard  say  that  our  genealogy  was  preserved,  but 
that  as  well  as  other  things  disappeared  before  I  left  the 
kingdom.  This  I  mention  to  let  you  see  liow  hard  it 
will  be  to  get  any  satisfactory  account  of  our  extirpated 
family.  It  does  not  make  to  the  present  ])urpose,  but  it 
is  proper  to  know  that  in  Cambden's  account  of  the 
county  of  Galloway  mention  is  made  of  the  chief  of  our 
name,  who  was  defeated,  with  some  other  leaders,  at  the 
battle  of  Knoc-tee,  [Knocktua,  1504?]  by  Gerald,  Earl 
of  Kildare,  anno  1516.  The  same  author  in  his  account 
of  the  county  of  Tipperary  tells  us  'tis  bounded  on 
the  north  with  the  territory  of  the  O'Carrolls,  which  I 
am  confident  is  to  this  day  called  Carroll's  Isle,  at  least 
there  is  I  know,  a  place  so  called  in  that  part  of  the 
country."     So  far  the  letter     .     .     . 

I  am,  dear  papa,  your  most  affectionate  and  dutiful 


ii  t 


son. 


Ch.  Carroll.' 


January  7th, 1763. 

Dear  Papa : 

Accept  of  my  sincere  wishes  for  your  health  and  hap- 
piness during  the  course  of  this  New  Year  and  many 

» Ibid. 


Hcarific  Pitt  in  Parliament, 


51 


succeeding  years.  This  I  hoi)e  will  l)e  the  last  I  shall 
pass  in  absence  from  you.  Tho'  I  am  impatient  to  return, 
I  readily  submit  in  obedience  to  your  will  to  remain  here 
this  one  year  more,  and  my  impatience  shall  not  hinder 
my  npi)lication  to  the  law. 

The  preliminary  articles  have  received  the  sanction  of 
Parliament.  Warm  debates  it  was  imagined  would  ensue  ; 
the  expectations  of  the  i)ublic  have  however  been  de- 
ceived. Uoth  Houses  voted  an  address  of  thanks  to  his 
Majesty  for  obtaining  a  safe,  advantageous,  and  honor- 
able j)eace.  The  House  of  Commons  divided,  but  the 
division  't  is  said,  was  only  to  show  the  opposition  their 
weakness  and  unimportance.  Mr.  Pitt  had  prudently 
withdrawn  before  the  division  came  on.  His  friends 
wish  he  had  not  appeared  in  the  House  that  day,  or  at 
least  had  not  spoke  in  it  ;  his  eloquence  failed  him,  his 
mind  ])artook  of  the  infirmities  of  his  body,  the  vehement, 
the  impetuous  Pitt  was  for  once  dull,  tedious  and  insipid. 
He  spoke  as  one  cautious  of  offending,  unwilling  to  ap- 
prove, fearful  of  disapproving  ;  the  real  sentiments  of  his 
mind  seened  sacrificed  to  his  interest,  the  dictates  of  his 
conscience  or  of  his  passion  to  his  pension.  Notwith- 
standing the  great  majority  in  favour  of  the  present 
ministry  and  of  their  measures,  there  have  been  many 
and  considerable  resignations.  The  list  may  surprise  you, 
particularly  as  several  have  resigned  very  lucrati-.  c  ac- 
ployments.  Would  a  concurrence  with  the  leading  party 
have  procured  a  continuance  of  those  employments  in 
the  former  possessors  the  list  of  the  suits  would  have  been 
much  shorter.  The  King  of  Prussia  is  endeavoring  to 
force  the  Princes  of  the  Empire  to  a  neutrality.  His 
forces  have  invaded  and  pillaged  Franconia.  Peace 
between  lliat  monarch  and  the  Empress  Queen  seems 
still  distant. 


i 


1; 


I    S%\\ 


\\  %  > 


Il 


H 


'\ 


v\ 


f) 


.  i 


Ml 
1 


:  ■f  N 


* 


52 


Charles  Carroll  of  Carrollton. 


I  sliall  now  answer  your  letter  of  the  2nd  of  Septem- 
ber, the  last  I  have  received.  As  I  knew  Captain  Carroll 
had  laid  aside  the  thoughts  of  going  to  sea  again,  I  gave 
myself  no  further  concern  about  the  mares.  I  intend 
bringing  over  a  couple  with  me  if  they  can  be  had  at  a 
reasonable  rate.  Would  not  a  thorough-bred  stallion  be 
of  greater  advantage  ?  I  am  creditably  informed  that 
there  are  i)eople  in  Maryland  and  Virginia  who  make 
200  or  300  pounds  a  year  by  their  stallions.  If  this  be 
true  should  mine  arrive  safe  in  the  country  he  will  amply 
repay  me  his  purchase,  ])assage,  and  other  additional 
char;^es.  I  should  be  glad  to  know  how  much  it  would 
be  proper  to  allow  a  groom  for  his  taking  care  of  the 
horses  U])on  their  passage,  as  also  the  wages  of  a  game- 
keeper, a  footman's  I  suppose  would  nearly  amount  to 
the  same.  I  don't  imagine  a  good  and  trusty  servant 
would  transport  himself  to  a  foreign  country  for  the  same 
pay  he  would  receive  in  his  own.  Mr.  Dulany  tells  me 
that  white  servants  seldom  turn  out  well  in  Maryland, 
that  they  disagree  with  the  negroes  and  will  not  eat  with 
them.  Would  it  be  better  for  me  to  provide  my  servant 
or  let  him  provide  himself  with  clothes,  and  increase  his 
wages  proi)ortionably  ?  I  should  chuse  the  first  and  allow 
a  livery  suit  and  frock  yearly. 

I  shall  take  particular  care  to  lay  in  a  good  stock  of 
Tiristol  water  for  my  voyage,  to  get  bookcases,  and  what- 
ever else  you  recommend  to  me  to  bring  over,  as  genteel 
clothes,  horse  furniture  <S:c.  I  thank  you  for  the  present 
of  the  pistols,  and  for  reminding  me  of  the  necessaries  of 
the  voyage.  It  is  a  further  proof  of  that  affection  you 
have  always  borne  me  and  on  which  I  set  the  greatest 
value.  My  picture  shall  be  drawn  according  to  directions 
and  sent  by  the  lleet.  Mr.  Kay  [Key  ?]  proposes  to  re- 
turn home  very  soon.     I  shall  send  by  him  the  magazines, 


k>^*  '  k,. 


The  Way  to  Become  a  Good  Lawyer,      '^'y^ 


newspapers,  and  three  French  pamphlets  relative  to  the 
French  Jesuits,  as  likewise  the  tryal  of  the  Roman 
Catholics  in  Ireland,  lately  published  and  which  will 
please  you  much.  The  guns  Mr.  Perkins  sent  you  were 
made  by  the  person  who  on  Garvey's  death  succeeded 
him  in  his  business.  ]\Iy  bookselli.r  tells  me  there  are 
three  volumes  of  Canibell's  Vitruvius  Britaimica  ;  if  so 
you  want  the  ist  and  3rd  volumes.  He  fears  it  will  be 
impossible  to  procure  the  odd  volumes  without  buying 
the  whole  work.  I  have  begun  a  Common-place  book. 
But  Bacon's  new  abridgment  of  the  law  comprised  in  four 
volumes  folio  which  I  have  got  is  much  better  than  any 
common  place  book  I  am  able  to  make.  The  whole  body 
of  the  law  is  there  alphabetically  digested  under  proper 
he-ids,  with  references  to  the  year  books,  statutes  and 
reports.  The  new  edition  of  the  statutes  to  which  I 
have  subscribed,  will  I  hope,  be  finished  before  I  leave 
England.     Two  or  three  volumes  are  already  published. 

If  I  had  known  how  to  procure  a  person  to  instruct  me 
ill  the  law,  or  where  such  a  person  was  to  be  found,  I 
should  not  have  ir'giected  doing  it,  but  indeed  such  a 
one  is  not  easily  lo  be  met  with.  The  best  way  to  become 
a  good  lawye'  is  to  be  under  an  attorney,  not  as  his 
clerk,  that  would  not  be  so  proper  for  a  gentleman,  but  to 
he  in  his  office  on  the  footing  of  a  gentleman  by  allowing 
him  a  handsome  gratification.  I  should  then  have  known 
the  practical  part  of  the  law,  by  which  knowledge  i'-,any 
difficulties  would  be  removed  which  for  want  of  it  are 
now  insurmountable.  Most  of  our  great  lawyers  have 
been  brought  up  under  attornies.  The  great  Lord  Hard- 
wicke  is  a  recent  instance  of  that  method's  being  the  best 
for  forming  a  sound  lawyer.  Nothing  can  be  more  absurd 
than  the  usual  manner  of  young  gentlemen's  studying  the 
law.    They  come  from  the  University,  take  chambers  in 


't! 


If', 


W\  ^ 


T7f 


^^ 


,p.- 


I  >l 


I  I 


I 


'V, 


n  J 


54 


C/kir/c's  Carroll  of  Carrollton. 


!  i: 


the  Temple,  read  Coke  Little  :  whom  they  cannot  possibly 
understand,  frequent  the  courts  whose  practice  they  are 
ignorant  of  ;  they  are  soon  disgusted  with  the  difficulties 
and  dryness  of  the  study,  the  law  books  are  thrown  aside, 
dissipation  succeeds  to  study,  immorality  to  virtue,  one 
night  plunges  them  in  ruin,  misery  and  disease. 

1  think  I  understand  the  theory  of  Italian  l)ookkeep- 
ing  and  am  able  to  follow  that  method  if  need  be,  in 
the  transacting  of  my  own  business.  I  shall  soon  dis- 
charge my  master.  I  have  agreed  with  Mr.  Cowley, 
professor  of  mathematics  at  Woolich  [Woolwich]  to 
teach  me  surveying.  He  is  to  have  two  guineas  entrance 
money,  a  guinea  per  month,  the  month  to  consist  of  eight 
lessons.  I  begin  the  i8th  instant.  My  accom[)itant 
master  has  brought  me  to  raise  a  form  of  books,  consist- 
ing of  wastebook,  journal  and  ledger,  whicli  I  shall  not 
fail  to  keep  by  me,  as  they  will  be  of  use  hereaiter.  Mr. 
Crookshanks  upon  the  dissolution  was  obliged  to  leave 
Paris.  I  have  now  no  correspondent  there.  I  remember 
Poison  made  some  scruple  about  paying  the  postage  of  a 
letter  from  his  relations,  tho'  he  was  only  charged  wjlh 
the  postage  from  England  to  France.  His  affection  can- 
not be  very  great,  or  his  necessities  are  very  pressing. 
Mr.  Kennedy  returns  soon  to  Paris.  I  shall  write  a  line 
or  two  by  him  to  Mr.  Poison  letting  him  know  my 
address,  and  that  I  will  forward  his  letters  to  Maryland. 

I  don't  find  any  provision  made  or  indemnification 
stipulated  by  the  preliminaries  for  the  poor  neutrals.  I 
am  afraid  they  will  be  overlooked  in  the  definitive  treaty, 
and  their  redress  sacrificed  to  more  important  interests. 
In  looking  over  your  list  of  English  books  T  am  sur- 
l)rised  not  to  meet  with  Shakespeare's  works.  If  I 
remember  well  you  had  them  when  I  was  in  Maryland, 

The  negotiations  are  going  on.     There  seems  to  be  a 


ilii 


r^^4..- 


Peace  Nei^otiations  Goinc  on. 


55 


demurrer  about  the  evacuation  of  Cleves  and  Guetores. 
The  French  want  to  give  up  tliose  places  to  the  Austrians, 
the  English  insist  upon  their  being  put  into  the  hands  of 
the  King  of  Prussia.  In  my  next  I  shall  answer  the 
letter  in  your  own  handwriting.  I  beg  my  comi)liments 
to  cousin  John  Darnall  and  his  sons,  to  Mr.  Croxall  and 
Harry  Carroll,  and  to  cousin  Rachel  Darnall. 

I  am,  dear  papa,  your  most  dutiful  and  loving  son 

Ch.  Carroll. 

To  Charles  Carroll,  Esq. 

of  Annapolis,  in  Maryland.' 


'W 


The  remaining  letters  were  written  by  the  elder 
Carroll. 

April  28th,  1763. 
Dear  Charlev  : 

The  loth  instant  1  received  yours  of  the  last  Novem- 
ber, Before  that  I  had  a  cover  from  you  to  a  letter 
directed  to  James  Maccollum  without  a  date.  Maccollum 
is  in  Piiiladelphia  extremely  poor.  He  mortgaged  his 
land  and  ran  away  from  this  Province  in  debt.  I  do  not 
take  the  young  man  to  be  Maccollum's  son.  I  think  he 
had  no  son.  An  orphan  boy  lived  with  him  who  as  I 
apprehend  run  away  from  him  and  1  suppose  to  be  the 
same  who  gave  you  the  trouble  to  forward  the  letter. 

I  find  you  know  Mr.  Dulany  pretty  well.  Dulany 
before  he  left  Maryland  sued  me  for  his  part  of  the 
money  1  received  of  Wright  and  Frazier,  The  suit 
hangs  as  he  filed  no  declaration.  If  on  his  return  he 
does  not  drop  the  action,  and  he  and  my  other  partners 
do  not  pay  me  the  damages  I  have  suffered  by  Mercer's 

'  Pennsylvania  Historical  Society. 


Is    ' 


\  ( 


^i\\:m 


I  t 


5<^ 


Charles  Carroll  of  Carrolllon, 


suit  I  shall  prefer  a  bill  in  chancery  against  them.  Since 
my  partners  do  not  advise  me  to  it,  I  do  not  think  it 
worth  my  while  singly  to  appeal  against  the  decree  of 
Clifton  and  Mercer.  I  do  not  intend  to  abide  by  Cle- 
ment Hill  and  Basil  Waring's  award  in  favor  of  my 
nephew.  I  have  prepared  a  bill  in  chancery  against 
them  and  my  nephew  which  is  under  the  consideration 
of  council  and  will  be  filed  by  next  Septeniber,  and  I  am 
not  in  the  least  afraid  of  not  succeeding  to  set  aside  the 
award. 

If  by  cousin  Antony  and  by  such  relations  in  Ireland 
you  cannot  trace  our  family  as  I  formerly  directed,  I 
know  not  what  other  directions  to  give  you.  You  see 
by  the  Coat-of-arms  I  sent  you  that  your  grandfather 
stiles  himself  the  second  son  of  Daniel  Carroll  Esq.  of 
Litterlouna  in  the  King's  county.  May  not  cousin  An- 
thony's mother,  sisters,  or  some  of  Michael  Carroll's 
children,  or  some  of  their  relations,  trace  up  our  branch 
[torn|.  You  may  perhaps  liereafter  wish  more  earnestly 
than  yo\i  do  at  present  that  this  had  been  done.  I  shall 
be  glad  to  see  the  Irish  History  when  completed. 

IJo  not  refer  me  to  the  accounts  I  may  receive  from 
others  of  the  proceedings  against  the  Jesuits  ;  such 
accounts  if  sent  may  not  be  communicated  to  me.  You 
are  on  the  spot  and  may  procure  and  transmit  as  perfect 
information  as  anyone.  I  doubt  not  you  received  Mr. 
Kennedy  kindly  and  showed  him  proper  civilities.  If  he 
transmits  to  you  the  papers  he  promised,  he  will  lay  an 
additional  obligation  on  me,  and  if  you  should  write  to 
him  present  my  respects  to  him. 

It  pleases  me  much  to  hear  you  are  not  disheartened 
with  the  difficulties  you  meet  with  in  the  study  of  the 
law,  but  I  think  you  have  been  unfortunate  in  not  meet- 
ing with  anyone  to  direct  you  in  the  most  profitably 


K 


Nimble  Put  in  for  tJie  Races. 


5 


method  of  reading  it  and  instructing  you  in  your  difficul- 
ties. If  you  could  not  by  friendship  I  think  you  might 
by  money  have  procured  such  a  one. 

I  have  made  your  compliments  as  desired.  I  saw 
Captain  Carroll  a  few  days  past.  Cousin  Jo  :  Darnall 
is  now  with  me — they,  Rachel  Darnall  and  Mr.  Croxall 
desire  to  be  kindly  remembered  by  you.  My  last  to  you 
bore  date  December  24th,  1762,  in  which  I  acknowledged 
the  receipt  of  yours  of  August  6th,  1762.  Vou  see  I 
keep  my  resolution  of  not  writing  oftener  to  you  than 
you  write  to  me.  On  the  13th  instant  my  niece  Eleanor 
Carroll  the  wife  of  Daniel  Carroll  died.  I  sincerely 
regret  the  loss  of  her,  for  she  was  in  every  respect  a  very 
worthy  and  valuable  woman.  My  nephew  who  is  not 
capable  of  doing  a  wise  thing,  has  lately  done  the  fool- 
ishest  thing  he  ever  did,  for  he  has  taken  to  himself  a 
wife,  the  daughter  of  Mr.  Henry  Hill. 

The  22nd  instant  I  put  in  your  horse  Nimble  for  the 
four  year  old  purse.  I  shall  give  you  the  event  in  the 
words  of  our  Gazette  ;  "  Mr.  Carroll's  horse  Nimble  won 
the  two  first  heats,  but  in  running  the  third  to  save  his 
distance  only,  the  foolish  rider  endeavoured  to  get  be- 
fore and  ran  within  one  of  the  poles."  Nimble  will,  I 
think,  make  a  fine  horse.  He  is  allowed  by  all  to  have 
a  very  good  bottom. 

In  February  you  will  prepare  for  your  voyage,  and  I 
shall  expect  you  sometime  in  the  May  following.  Do 
not  come  in  a  ship  with  fellovvsor  servants,  and  it  will  be 
agreeable  to  you  not  to  be  crowded  with  cabin  passen- 
gers ;  two  or  three  you  will  find  to  be  company  enough. 
Try  to  get  a  neat  Captain  and  one  who  loves  to  live  well. 
Be  very  inquisitive  as  to  the  age  of  the  ship,  and  whether 
she  be  sound  and  strong,  and  well  found.  About  this 
time  twelvemonth,  I  shall  be  as  impatient  as  you  have 


i| 


I 


111 


I 


I 


N> 


■I  4, 


'hf. 


! 


58 


Charles  Carroll  of  CarrolUon. 


been  for  a  long  time  past.     I  shall  then  long  to  see  yon, 
for  I  am,  my  dear  Charley, 

Your  most  affectionate  father 

CiiARLKS  Carroll. 

r.  S.     1  have  been  offered  loo  [)ounds  for  Nimble 
and  have  refused  it. 


'K 


;i 


To  Charles  Carroll,  Esq.,  London.' 

July  20lh,  1763. 

Dear  Charley  :  ...  As  to  Mr.  Whitten's  letter 
about  our  genealogy,  your  grandfather's  name  was 
Charles,  your  great-grandfather's  name  you  see  by  your 
arms  was  Daniel,  my  father's  oldest  brother's  name  was 
Antony,  his  eldest  son's  name  Daniel  who  was  your 
cousin  Antony's  father.  I  know  nothing  of  my  grand- 
father's or  Uncle  Antony's  wives,  or  into  what  families 
they  married.  As  to  any  expence  do  not  begrudge  what 
you  think  proper.  \our  grandfather  left  Europe  and 
arrived  in  Maryland,  October  ist,  168S,  with  the  commis- 
sion of  Attorney  General.  He  on  the  19th  of  February, 
1693  married  Mary  Darnall,  the  daughter  of  Col.  Henry 
Darnall.  I  know  not  how  my  father  came  to  style  him- 
self of  Ahagurton  and  afterwards  of  Litterlouna.  I  was 
born  April  2nd,  1702.  Your  mother  was  the  daughter  of 
Clement  Brooke  Esq  :  of  Prince  George's  County  ;  you 
was  born  September  8th,  1737.  This  is  as  much  as  I 
can  furnish  towards  our  pedigree,  with  the  translation  I 
obtained  in  Paris  and  which  I  will  send  you  by  the  first 
safe  hand. 

Dear  Charley,  your  most  affectionate  father 

Cha  :  Carroll. 

•  Family  papers,  Mrs.  William  C.  Pennington. 


Paying  Addresses  to  Miss  Baker.        59 

September  20th,  17O3. 
Dear  Charley  :  ...  It  is  very  probable  my  grand- 
father Daniel  Carroll  was  living  in  1688  ;  it  is  certain  my 
uncle  Antony  was,  and  consequently  Kean  Carroll  men- 
tioned in  Mr.  Whitten's  letter  to  Mr.  Kennedy  could  not 
be  an  ancestor  of  ours  in  a  direct  line.  You  may  get  a 
fresh  plate  of  our  arms,  styling  yourself  the  only  son  of 
Charles  Carroll  Esq.  of  the  city  of  Annapolis  in  the  Pro- 
vince of  Maryland,  and  greatgrandson  of  Daniel  Carroll 
of  Litterlouna  Esq.,  in  the  King's  County  in  the  Kingdom 
of  Ireland  ;  and  get  at  least  looo  stamps  from  the  plate 
to  be  pasted  in  all  the  books.  I  shall  send  you  by  Kelty 
or  Hanson  the  genealogy  of  our  family  as  copied  from 
the  Irish  original,  and  translated  at  Paris  into  English 
This  may  be  copied  and  sent  to  Mr.  Whitten,  Those 
acquainted  with  heraldry  may  trace  the  several  branches 
by  this  and  make  out  the  genealogies.  If  this  cannot 
be  done  while  you  are  in  London,  you  may  possibly 
get  someone  who  can  be  trusted  to  see  it  done,  but  do 
not  part  with  the  book.' 


: 


m 


iM  % 


I,  if 


January  gth  1764. 
Dear  Charley  : 

I  yesterday  evening  received  yours  of  the  nth  of 
October  past.  ...  I  hope  Miss  Baker  may  be  en- 
dowed v/ith  all  the  good  sense  and  good  nature  you  say 
she  has.  Giving  this  for  granted  you  have  my  full  con- 
sent to  pay  your  addresses  to  her.  ...  I  hereby 
again  bind  myself  to  comply  with  what  I  promised  in  the 
letter  relating  to  the  settlement  to  be  made  on  your  wife. 
And  that  Mr.  Baker  may  be  convinced  I  am  capable  of 
securing  whatever  fortune  he  may  think  proper  to  give 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 


\i 


Tf 


1 


I 


N 


I 


l!. 


[ 


j^i 


60 


CJiarlcs  Carroll  of  Carrolltou. 


liis  daughlcr,  I  hereby  give  you  a  short  abstract  of  the 
value  of  my  estate  ; 

Forty  thousand  acres  of  land,  two  seats  alone  contain- 
ing each  upwards  of  twelve  thousand  acres  would  now 
sell  at  20s    ster.  j)er  acre         .         .         .        ;;(^40, 000,0-0. 

One  fifth  of  an  Iron  Work  consisting  of  the  most  con- 
venient furnace  in  America,  with  two  forges  built,  a  third 
erecting,  with  all  convenient  buildings  ;  150  slaves,  young 
and  old,  teams,  carts  &c.,  and  thirty  thousand  acres  of 
land  belonging  to  the  works,  a  very  growing  estate  which 
produces  to  my  fifth  annually  at  least  400  pounds  ster. 
at  twenty-five  years  purchase         .         .  ^10,000,0,0. 

Twenty  lots  in  Annapolis  with  the  houses  thereon, 

^4,000,0,0. 
Two  hundred  and  eighty-five  slaves  on  my  different 
plantations  at  ,^30  ster.,  cash  each,  on  an  average, 

^8,550,0,0. 

Cattle,  horses,  stock  of  all  sorts  on  my  plantations,  with 
working  tools,  &c.   .....  ^1000,0,0. 

Silver  household  plate  ....  ;^6oo,o,o. 

Debts  outstanding  at  interest  m  1762  when  I  balanced 

my  books ;^24,23o.  9s  yd 

^88380.  9s  ^ 

You  must  not  suppose  my  annual  income  to  equal  the 
interest  of  the  value  of  my  estate.  Many  of  my  lands 
are  unimproved,  but  I  compute  1  have  a  clear  revenue  of 
at  least  ^1800  per  annum  and  the  value  of  my  estate  is 
annually  increasing  by  the  increase  of  the  value  of  my 
lands. 

Your  most  affectionate  father, 

Cha.  Carroll.* 


^1 


!! 


ii 


1  Ibid. 


*:.J* 


Marriao^c  Settlements  Debated.  6t 

February  27///,  1764.  I  have  yours  of  the  12th  of 
November  which  I  was  in  liopes  before  I  opened  it 
would  have  informed  me  whether  you  had  Mr.  Baker's 
consent  to  pay  your  aadresses  to  his  daughter.' 

February  28///,  1764.  'I'his  is  only  to  inform  you  [I 
have]  this  day  received  yours  of  the  8th  of  December.  If 
you  like  the  lady  I  hope  her  merit  may  in  a  great  measure 
make  up  for  what  her  fortune  ma)  fall  short  of  your  ex- 
pectations. .  .  .  Could  you  not  learn  what  Mr.  liaker 
is  sup])osed  to  be  worth,  where  his  estate  lays,  of  what  it 
consists,  what  sum  you  suppose  he  may  or  may  not  be 
able  to  give  his  daughter  ? 

April  10///,  1764.  .  .  .  Mr.  Baker's  letter  to  you 
speaks  him  to  be  a  man  of  sense  and  honor.  .  .  . 
lie  promises  at  his  death  lo  make  his  daughter  share 
equal  his  estate  with  his  sons.  I  proposed  upon  your 
coming  into  Maryland  to  convey  to  you  my  Manor  of 
Carrollton,  loooo  acres,  and  the  addition  thereto  called 
Addition  to  Carrollton  2700  acres,  now  producing  an- 
nually ^250  sterling  and  greatly  imjoroving  as  not  nigh 
half  of  the  12700  acres  is  let,  and  what  is  let,  is  let  to 
tenants  at  will,  and  my  share  of  the  Iron  Works  produc- 
ing at  least  annually  ^400  ster.  If  this  should  be 
deemed  insufficient  settlement  and  gift  to  you,  and  se- 
curity for  the  lady's  jointure,  I  am  willing  to  add  on  my 
death  my  Manor  of  Doohoregan,  10000  acres  and  1425 
acres  called  Chance  adjacent  thereto  on  which  the  bulk 
of  my  negroes  are  settled.  ...  As  you  are  my  only 
child  you  will  of  course  have  all  the  residue  of  my  estate 
on  my  death.  .  .  .  Your  return  to  me  I  hope  may 
be  in  the  next  fall.'^ 


)'    |) 


'  if 


!  1 


Mi 


H'  ^ 


♦  i   i: 


Ibid. 


Ibid. 


A' 


^^^a 


i 


i 

'''■ 


62 


Charles  Carroll  of  Carrollton. 


Tlic  followini^  attractive  description  of  the  youth- 
ful Charles  Carroll  of  Carrollton,  written  by  one  of 
his  tutors,  was  carefully  preserved  by  his  father, 
endorsed  by  him  as  here  given  : 

"  A  character  of  my  son  :     I}y  Mr.  Jcnison  his  Master." 

Tlio'  1  am  not  in  a  disposition  of  writing  letters,  having 
lost  this  morning  the  fniest  young  man,  in  every  respect, 
that  ever  entcr'd  the  House,  you  will  perhaps,  afterwards, 
have  the  [pleasure  of  assuring  yourself  by  experience  that 
I  have  not  exaggerated  Ciiarles  Carroll's  character  in  the 
foregoing  lines.  The  Captain  will  be  able  to  give  you, 
1  hope,  a  satisfactory  account  of  him.  'T  is  very  natural 
I  should  regret  the  loss  of  one  who  during  the  whole  time 
he  was  under  my  care,  never  deserved,  on  any  account,  a 
single  harsh  word,  and  whose  sweet  temper  rendered  him 
equally  agreeable  both  to  equals  and  superiors,  without 
ever  making  him  degenerate  into  the  mean  character  of 
a  favorite  which  he  always  justly  desi^ised.  His  a])plica- 
tion  to  his  ]>ook  and  Devotions  was  constant  and  un- 
changeable, nor  could  we  perceive  the  least  difference  in 
his  conduct  even  after  having  read  the  news  of  his  desti- 
nation, which,  you  know,  is  very  usual  with  young  people 
here.  This  short  character  I  owe  to  his  deserts  ; — preju- 
dice I  am  convinced,  has  no  share  in  it,  as  I  find  the 
public  voice  confirms  my  sentiments.  Both  inclination 
and  justice  prompt  me  to  say  more,  yet  I  rather  chuse  to 
leave  the  rest  to  Captain  Carroll,  to  inform  you  of  by 
word  of  mouth. 

Underneath  Charles  Carroll  wrote  when  he  was 
looking  over  his  father's  papers,  after  his  death :  "  I 
fear  this  letter  was  dictated  by  Mr.  Jenison's  partial- 


Appreciation  of  his  TcacJicrs, 


63 


ity  to  mc.  I  never  foutul  till  this  day  (27th  June, 
1782)  that  he  ever  wrote  to  my  Father  about  mc."  ' 
In  his  old  a^i^e  Charles  Carroll  of  Carrollton  was  often 
heard  to  speak 

"  in  strains  of  the  highest  eulogy,  and  with  sentiments 
f)f  the  most  devoted  attachment,  and  expressions  of  the 
noblest  gratitude,  of  his  ancient  ])rece])tors.  To  them  he 
attributed  all  that  he  knew,  to  their  solicitude  he  referred 
all  that  he  vahied  in  his  acquirements;  and  particularly 
that  deep  and  hallowed  conviction  of  religious  truth, 
which  was  the  ornament  of  his  youth,  and  the  solace  of 
his  old  age.  When  anyone  uttered  a  sentiment  of  aston- 
ishment how  in  his  advanced  years,  he  could  rise  so  early 
and  kneel  so  long — 'these  good  practices,'  he  would 
answer  with  his  high  tone  of  cheerfulness,  *  I  learned 
under  the  Jesuits  at  the  College  of  St.  Omers.'  "  " 

Of  his  indebtedness  to  the  instruction  at  the 
College  of  Louis  le  Grand  he  gave  testimony,  re- 
corded by  the  same  authority.     Here  he 

"grounded  himself  in  the  critical  knowledge  of  the 
imciont  languages  ;  became  master  of  all  the  intricacies 
and  beauties  of  style,  as  well  in  his  own  tongue,  as  in  the 
learned  languages  ;  stored  his  mind  with  the  poets  and 
historians,  with  the  orators  and  ])hilosophers  of  Greece 
and  Rome,  and  acquired  that  general  information,  that 
universal  knowledge  which  shed  a  charm  around  his 
conversation,  and  gave  increased  interest  to  the  natural 
fascination  of  his  manner."  ' 

'  Maryland  Historical  Society'^  "  Centennial  Memorial,"  p.  io8. 
''Oration  of  Rev.  ConstantineC.  Pise,  1832. 


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Charles  Carroll  of  Carrollton. 


W 


'. 


■  i   n 


(,  : 


The  years  in  Paris  and  in  London,  from  twenty- 
one  to  twenty-eight,  were  passed  as  we  have  seen, 
his  studies  occupying  him,  but  not  to  the  exclusion 
of  society.  He  had  not  neglected  the  accomplish- 
ments befitting  the  gentleman  of  fashion,  learning 
to  dance,  to  give  him,  as  his  father  said,  a  "  graceful 
and  easy  carriage."  His  portrait  was  to  have  been 
painted  in  Paris,  "  fifteen  inches  by  twelve,"  when 
he  was  a  boy  of  sixteen,  and  again  in  London  ten 
years  later,  when  Sir  Joshua  Reynolds  is  the  artist. 
His  schoolmates  "  Jacky,"  probably  John  Carroll, 
who  was  but  two  years  his  senior,  and  "  Watty," 
Walter  Hoxton,  both  of  them  his  cousins,  were 
Charles  Carroll's  friends  and  companions  in  the 
earlier  years.  There  were  always  some  "  Mary- 
landians  "  abroad  among  his  associates.  In  London, 
dining  with  him  at  William  Sharpe's,  were  George 
Plater  afterwards  prominent  in  the  Revolution, 
Edmund  Key  who  had  Chambers  at  the  Temple, 
1759-1763,  and  was  later  Attorney-General  of  Mary- 
land and  member  of  the  Assembly,  dying  in  his  early, 
brilliant  manhood,  and  Henry  Rozier,  a  half-brother 
of  Mrs.  Daniel  Carroll  of  Duddington. 

Other  Maryland  gentlemen  whom  Charles  Carroll 
mentions  in  his  letters  are  Lloyd  Dulany  who  was 
at  the  Middle  Temple,  Edmund  Jennings,  son  of  the 
Attorney-General  of  Maryland,  and  one  of  the  Jeni- 
fer family.  But  he  doubtless  met  all  the  prominent 
men  among  his  fellow  colonists,  whose  business  or 
pleasure  brought  them  to  London  in  these  years; 
merchants  and  lawyers,  most  of  them,  John  Ham- 
mond and  Philip  Lee,  John  Brice,  Jr.,  and  the  Hon. 


1 


the 
eni- 
ent 
or 
irs; 
am- 
[on. 


Marylandcrs  in  London. 


Daniel  Dulany  being  among  them.  The  latter 
gentleman,  Charles  Carroll  of  Carrollton's  future 
antagonist  in  the  polemical  arena,  with  his  eldest 
son,  and  his  nephew,  young  Benjamin  Ogle,  sailed 
for  London  in  the  summer  of  1761.  Capt.  Henry 
Carroll  of  The  Tzvo  Sisters,  who  was  possibly  a  rela- 
tive of  Charles  Carroll  of  Annapolis,  was  going  back 
and  forth  between  London  and  Maryland  in  these 
years.  His  ship  was  owned  by  William  Perkins,  a 
London  merchant,  of  whom  mention  is  made  in  this 
correspondence.  Captain  Carroll's  eldest  son,  Henry 
James  Carroll,  was  living  in  1767.  Among  the 
Americans  studying  at  the  Temple  were  the  Mary- 
landers  Alexander  Lawson  and  William  Paca,  the 
latter  to  become  one  of  Charles  Carroll's  associates 
in  the  Revolution. 

The  letters  of  Charles  Carroll,  S',  impressed  upon 
his  son  the  duty  of  remembering  the  wrongs  suffered 
by  those  of  his  religion,  in  Maryland,  and  the  in- 
juries received  by  his  family  through  the  ingrati- 
tude and  selfishness  of  the  Proprietary.  But  if  he 
meets  Lord  Baltimore  or  Mr.  Cecelius  Calvert,  he 
is  to  show  them  a  proper  respect,  while  not  leaving 
them  in  doubt  as  to  his  sentiments.  The  oppor- 
tunity came  for  an  interview  with  Cecelius  Calvert, 
which  young  Carroll  improved  by  talking  with  him 
on  the  subject  of  the  Roman  Catholics,  though  he 
does  not  record  the  conversation. 

Henry  Rozier  and  others  who  visited  Charles 
Carroll  in  1760,  wrote  home  reports  of  "  his  ele- 
gant way  of  living,"  and  of  the  philosophical  in- 
difference  to    current    events    which    he  affected. 

VOL  1—5 


111 


\* 


66 


Charles  Carroll  of  Carrollion, 


[!.!•'       :|' 


I    ■ 


M' 


With  his  father  the  "  affectation"  was  put  aside, 
and  he  appears  wholly  alert  and  practical ;  interested 
in  public  affairs  and  attending  the  sessions  of  Parlia- 
ment, of  which  body  at  least  two  of  his  friends 
or  acquaintances  were  to  become  members  later: 
William  Graves,  a  master  in  chancery,  and  Daines 
Barrington.  The  Mr.  *'  Hussey  "  mentioned  in  a 
letter  written  in  1768,  was  probably  the  gentleman 
who  was  in  Parliment  at  that  time.  Charles  Carroll 
heard  the  great  Mr.  Pitt  in  1763  and  gives  a  graphic 
account  of  his  impressions  on  seeing  him,  lamenting 
the  deterioration  which  his  genius  had  suffered  since 
he  drew  a  pension  from  the  government.  He  made 
the  acquaintance  of  Edmund  Burke,  the  friend  of 
America,  and  dined  with  him  en  fainille.^  He  was 
busy,  at  his  father's  request,  corresponding  with 
Irish  cousins,  about  the  genealogy  of  the  family  ; 
and  he  was  buying  books  for  the  home  library, 
which  was  evidently  of  respectable  magnitude  as  he 
orders  a  thousand  impressions  of  his  father's  armorial 
book-plate,  to  put  in  these  volumes.  But  while 
rcciding  Locke  and  Cicero,  and  keeping  a  "  compen- 
dium," or  common-place  book,  studying  law,  philoso- 
phy, and  accounts,  softer  thoughts  intrude  upon  his 
studies,  and  he  falls  in  love.  Then  at  one  time  he 
takes  atrip  to  Margate,  and  later  to  Tunbridge  Wells 
with  Mr.  Jennings,  whom  he  describes  as  a  "sensible, 
sober,  discreet,  well-behaved  young  man."  '  While 
at  Ryegate,  which  he  also  visits,  he  is  evidently,  as 
we  learn  from  subsequent  reminiscences,  under  the 

'Oration  of  Rev.  Constantine  C.  Pise,  1832. 
^AppletotCs  Journal,  September  12,  1874. 


The  "  Crown  and  Anchor'^  Tavern.      67 


spell  of  Miss  Baker,  the  fair  "  Louisa"  of  whom  vvc 
hear  in  the  letters  he  writes  on  his  return  home. 

He  moved  in  a  circle  of  friends  of  not  a  little  con- 
sequence and  fashion,  some  of  whom  he  was  wont 
to  meet  at  the  "  Crown  and  Anchor,"  the  famous 
Tavern  on  Arundel  Street,  and  he  does  not  forget 
them  when  he  is  back  in  Maryland,  as  his  correspond- 
ence testifies.  Dr.  Johnson  and  Boswell  were  fre- 
quently to  be  seen  in  the  Coffee  Room  of  the  "  Crown 
and  Anchor,"  and  many  other  celebrities  resorted 
there.  It  was  burned  down  in  1854  but  subsequently 
rebuilt  and  is  now  the  Temple  Club.  But  the  time 
approached  for  Charles  Carroll's  long  residence 
abroad  to  close.*  He  was  to  bring  over  thorough- 
bred horses,  and  a  gamekeeper,  and  doubtless  the 
newest  London  fashions  in  diess  and  equipage. 
That  he  had  hoped  to  bring  home  an  English  bride 
to  his  Maryland  manor,  is  evident.  But  for  some 
reason  his  suit  failed,  and  the  romance  came  to  an 
untimely  end.  The  estate  of  "  Carrollton  "  in  Fred- 
erick County  was  to  be  settled  upon  him  on  his  re- 

'  Charles  Carroll  of  Carrollton  brought  home  with  him  a  valuable 
testimonial  of  his  remarkable  proficiency  in  his  collegiate  course, 
which  is  now  to  be  seen  framed  and  hanging  on  the  wall  of  the  lib- 
rary at  "  Doughoregan  Manor."  It  is  a  list,  in  Latin,  of  the  theses 
delivered  by  him  at  the  close  of  his  studies  in  Paris,  and  is  ornamented 
by  the  Carroll  crest,  and  what  appears  to  be  an  allegorical  group  at 
the  head  of  the  engraving.  The  Rev.  F.  II.  Richards,  President  of 
Georgetown  College  writes  that  these  essays  represented  "a  public 
defence  covering  the  whole  of  philosophy,  both  mental  and  physical. 
This  no  doubt  was  a  great  honor,  as  he  would  not  have  been  allowed 
to  make  a  public  defence  had  he  not  been  thoroughly  conversant  with 
the  subjects  of  his  theses.  I  presume  that  he  received  a  degree  upon 
that  occasion." 


itK' 


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i 


11 


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'  ^ 


1  111/ 

I       > 


in 


!i* 


68 


Charles  Carroll  of  Carrollion. 


turn  home,  and  he  was  to  be  known  henceforward 
as  Charles  Carroll  of  Carrollton. 

The  name  "  Carrollton  "  was  first  given  to  a  tract 
of  land  surveyed,  February  loth,  1702,  for  James 
Carroll.  It  was  part  of  a  grant  of  3500  acres  in 
Spesutie  Hundred,  lialtimore  County.'  "  Carroll- 
ton," in  Frederick  County,  was  patented  by  Charles, 
Daniel,  Mary,  and  Eleanor  Carroll,  being  the  half  of 
20,000  acres  granted  them,  April  19th,  1723.  It  had 
come  to  them  from  their  father,  and  was  then  in 
Prince  George's  County.'  Philemon  Lloyd  wrote, 
July  28th,  1722:  "Mr.  Charles  Carroll  purchased 
from  the  Indians  a  Lycence  to  take  up  his  Tract  of 
land  in  the  ffork  of  Patowmeek  and  Monockkessy."  ' 
In  the  will  of  Daniel  Carroll  of  Duddington,  drawn 
up  in  1734,  after  the  death  of  Eleanor  Carroll,  he 
says :  "  And  whereas  a  patent  has  passed  to  me  and 
my  brother  and  sisters  for  10,000  acres  of  land  at  the 
mouth  of  Monnokasi,  I  hereby  devise,  release  and 
confirm  unto  my  sister  Mary  all  my  right,  etc.,  to 
the  tract  according  to  the  intention  of  my  father's 
will."  *  Referring  to  the  will  of  Charles  Carroll  the 
Immigrant,  it  will  be  seen  that  the  manor  is 
there  referred  to  as  "  my  tract  of  Land  of  twenty 
thousand  acres  intended  to  be  laid  out  for  me  on 
Potomack,"  of  which  five  thousand  acres  each 
were  devised  to  his  daughters.'  The  Hon.  Charles 
Browning,  nephew  of  Frederick,  sixth  and  last 
Lord    Baltimore,   writing   in    1821,    gives   the    fol- 


'  Calvert  Rent  Rolls,  Maryland  Historical  Society. 

'  Deed  Books,  1-and  Office,  Annapolis. 

'  Calvert  Papers,  vol.  ii.,  p.  39. 

■*  Register  of  Wills  Office,  Annapolis. 


Appendix  C. 


Grant  of  Carrollton  Manor. 


69 


lowing  account  of  the  patejiting  of  "  Carrollton 
Manor,"  as  received  at  that  time  from  the  lips  of 
Charles  Carroll  of  Carrollton.  Writing  of  Cecelius, 
Lord  Ikillimore,  Mr.  Browning  says: 

"  It  was  also  his  Lordship's  desire  that  his  agents 
should  purchase  the  native's  interest  in  any  lands,  rather 
than  take  from  them  by  force  what  they  considered  their 
right,  and  it  appears  the  same  conduct  was  strictly  ad- 
hered to  by  their  Lordships  as  they  became  proprietors 
in  succession.  A  case  of  this  nature  occurred  a  very  few 
years  prior  to  the  Revolution,  and  which  was  related  to 
me  by  Charles  Carroll  of  Carrollton  Esq.,  whose  ancestors 
having  obtained  from  Charles,  liOrd  Baltimore  (father  of 
the  Hon.  Mrs.  Browning),  a  grant  of  10,000  acres  of  land 
in  Frederick  County,  with  liberty  to  select  the  best  land 
they  could  find  ;  they  first  fixed  on  a  spot  beyond  Freder- 
ick town  but  finding  the  land  better  on  this  side  of 
Frederick,  changed  to  the  spot  which  the  i)resent  Mr. 
Carroll  now  possesses  on  Monocacy  River  who  went 
there  and  entered  into  a  treaty  with  the  Indians,  and  pur- 
chased their  pretended  right  for  ;;^2co,  and  for  which  he 
paid  them  in  different  merchandize  such  as  suited  them. 
The  grant  of  this  land  first  appears  to  have  been  made 
on  the  loth  of  April,  1723,  to  the  Carroll  family,  some 
of  whom  dying,  there  were  different  assignments  from 
time  to  time,  up  to  1734  ;  but  I  understand  the  land  was 
not  taken  up  till  just  before  the  Revolution,  by  the  pres- 
ent Charles  Carroll  of  Carrollton  Esq.,  for  his  father ; 
and  the  only  money  that  appears  to  have  been  given  for 
this  land  was  a  rent  of  ;^2o  per  annum,  which  the  present 
Mr,  Carroll  got  rid  of  by  the  act  for  the  abolition  of  quit- 
rents,  1780."  • 

'  Scharf's  "  History  of  Maryland,"  vol.  ii.,  p.  137.  "  A  Brief  Ex- 
planation, etc.,"  Charles  Browning,  p  88,  Baltimore,  1821. 


If 


'i 


,1 


I: 


\l 


CHAPTER  III. 


r(3LITICS   AND   MATRIMONY. 


n 


II.' 


1  i 


!^n' 


1 765- 1 772. 

TIIRRE  appeared  the  followinfj  notice  of  the 
arrival  of  [Tiiarles  Carroll  of  Carroll  ton  in 
America,  in  the  Annapolis  paper  of  Thursday, 
February  14th,  1765  : 

**  Tuesday  last  arrived  at  his  Father's  House  in  Town, 
Charles  Carroll  Jun'r,  Esq.  (lately  from  London  by  way 
of  Virginia)  after  about  sixteen  years  absence  from  his 
Native  Country  at  his  Studies  and  on  his  Travels."  ' 

He  came  home,  at  twenty-seven,  an  amiable,  up- 
right, accomplished  young  man,  with  the  polish  of 
European  society,  and  the  solid  acquirements  of 
studious  culture.  Debarred  by  his  religion  from  the 
attainment  of  political  honors,  he  anticipated  only, 
in  the  present,  the  sweets  of  social  life,  among  friends 
and  kindred,  in  the  affluent  ease  of  his  class,  the 
slave-holding  and  manorial  aristocracy  of  colonial 
Maryland.  Charles  Carroll  had  evidently  not  thought 
that  it  was  to  his  interest  and  happiness  to  sell  his 

'  Marylanii  Gazelle',  1765. 
70 


m 


ir 


CARROLL  HOUSE  AT  ANNAPOLIS. 


I  h 


I 


li 


:  ii> 


A  Maryland  Tobacco  Planicr, 


ft, 


estates  in  the  Province  and  expatriate  himself,  as  his 
father  would  have  persuaded  hinn,a  few  years  before. 
As  yet  he  had  had,  personally,  no  experience  of  the 
"  injustice  of  the  times,"  and  with  youthful  optimism 
he  no  doubt  looked  forward  to  a  better  era,  without 
forecasting  the  wider  liberties,  civil  and  religious, 
that  he  would  take  a  part  in  establishing.  And  a 
little  later  he  wrote  to  his  friend,  Mr.  Graves,  who, 
it  seems,  was  contemplating  a  visit  to  the  colonies  : 

**  As  to  travelers  in  America,  besides  that  there  is  lit- 
tle worth  a  traveler's  notice,  there  is  the  disadvantage 
attending  a  long  journey — one's  affairs  will  suffer  greatly 
in  his  absence. 

Our  estates  differ  much  from  yours,  the  income  is 
never  certain.  It  depends  upon  the  casual  rise  or  fall  in 
the  ])rice  of  tobacco.  Notwithstanding  these  disadvan- 
tages, and  some  others  more  i)ersonal  and  applicable  to 
myself,  my  views  reach  not  beyond  the  narrow  limits  of 
this  province  ; — so  little  is  my  ambition,  and  my  bent  to 
retirement  so  strong,  that  I  am  determined,  leaving  all 
ambitious  pursuits,  to  confine  myself  to  the  improvement 
you  recommend  of  my  paternal  acres.  May  I  not  en- 
joy as  much  happiness  in  this  humble  as  in  a  more  exalted 
station  ?  Who  is  so  happy  as  an  independent  man  ?  and 
who  is  more  independent  than  a  private  gentleman  pos- 
sessed of  a  clear  estate,  and  moderate  in  his  desires  ?  "  ' 

But  already  America  had  entered  into  the  penum- 
bra of  the  political  eclipse  from  which  the  colonies 
were  to  emerge  as  sovereign  states  in  1776.  The 
Stamp  Act  was  the  supreme  question  of  the  hour, 
and  Charles  Carroll  in  his  retirement  could  not  escape 

'  Family  papers :  Appletons  Journal,  Sept.  19,  1874,  P-  353« 


I 


i'  1 


i 


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ii 


PTv^aa 


72 


Charles  Carroll  of  Carroll/011. 


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» 


the  influence  of  tlic  agitation  and  ferment  surround- 
ing him.  He  cauj^ht  the  contagion  of  patriotic  en- 
thusiasm, responding  warmly  to  the  appeals  of  the 
local  leaders.  In  the  summer  of  i765,Zacliariah  Hood, 
a  merchant  of  Annapolis,  was  given  the  appointment 
of  stamp  distributor  in  Maryland.  But  on  his  arrival 
he  was  not  permitted  to  land  his  vessel,  and  had  to 
effect  his  purpose  later,  unseen  by  the  angry  crowd 
which  had  op[)osed  him.  lie  was  hung  in  efifigy  at 
Annapolis,  Baltimore,  Frederick,  and  Elk  Ridge. 
The  latter  place  was  near  Doughoregan  Manor.  The 
prominent  men  of  Annapolis,  with  all  others  in  the 
neighborhood  in  sympathy  with  them,  met  together 
on  the  27th  of  August,  and  calling  themselves  *' As- 
sertors  of  Ikitish  American  privileges,"  stirred  up 
resistance  to  the  execution  of  the  obnoxious  law. 
In  all  probability,  Charles  Carroll  of  CarroUton  was 
one  of  those  who  were  present. 

The  Maryland  Assembly  met,  in  September,  and 
appointed  delegates  to  the  "  Stamp  Act  Congress," 
as  it  has  been  called,  which  met  in  October.  Col. 
George  Mercer  of  Virginia,  then  living  in  London, 
brought  over  some  of  the  stamps  for  Maryland, 
with  those  for  Virginia,  in  November,  but  he  found 
the  sentiment  against  admitting  them  too  strong 
to  be  withstood,  and  prudently  forebore  to  carry 
out  his  agreement.  The  **  Sons  of  Liberty,"  an 
association  which  had  sprung  up  in  various  parts 
of  the  country,  had  its  representatives  in  Maryland, 
and  those  of  that  province  met  in  Baltimore,  Feb- 
ruary, 1766,  and  signified  their  determination  to 
put  an  end  to  the  stagnation  of  business  which  had 


The  Stamp  Act  CoNtnn'ersy. 


n 


ensued  from  the  fears  of  the  crown  officers  to  act 
without  stamped  paper.  A  full  meeting  later  of 
all  the  members  from  the  counties  accomplished 
that  object.  It  was  resolved  also  to  wear  home- 
spun, and  to  inaugurate  a  non-importation  policy. 
In  all  these  measures,  it  is  evident,  Charles  Car- 
roll of  CarroUton  was  in  concert  with  Samuel  Chase, 
William  Paca,  and  the  other  Maryland  patriots. 
Chase  and  Paca  were  of  the  Anne  Arundel  Com- 
mittee of  the  "Sons  of  Liberty."  C"i:ulcs  Carroll's 
correspondence  at  this  time,  with  liis  friends  in 
London,  depicts  vividly  the  cr,  uliti.>n  of  Tlairs. 
To  one  of  them,  probably  Edmund  jet;.iings,  he 
'.vrr  te,  September  5th,  1765,  and  ubsequcntly, 
as  follows : 

"  Things  are  in  pretty  much  the  same  situation  as 
when  you  left  us.  The  Stamp  Act  continues  to  make 
as  much  noise  as  ever.  The  spirit  of  discontent  in 
the  people  rather  continues   to  increase  than  diminish. 

The  stamp-master  of  IJoston  has  been  obliged  to 
resign  his  oftice  ;  the  house  building  here  for  the  re- 
ception of  the  stamps  has  been  leveled  to  the  ground. 
Our  stamp-master,  Zachariah  Hood,  is  hated  and  de- 
spised by  everyone  ;  he  has  been  whipped,  pilloried  and 
hanged  in  efifigy,  in  this  place  [Annapolis],  Baltimore 
town,  and  at  the  landing  [Elk  Ridge]  ;  the  people  seem 
determined  not  to  buy  his  goods.  His  last  dying  speech 
has  its  humor  :  it  contains,  as  most  dying  speeches,  an 
account  of  his  birth,  parentage,  and  education." 

**  September  28,  lyd^ :  Should  the  Stamp  Act  be 
enforced  by  tyrannical  soldie'-y,  our  property,  our  liberty, 
our  very  existence,  is  at  an  end.     And  you  may  be  per- 


1. 


^M 


74 


Charles  Carroll  of  Carrollion. 


suaded  that  nothing  but  an  armed  force  can  execute  the 
worst  of  laws.  Thus  you  see  how  necessary  it  is,  at  this 
critical  juncture,  to  have  cool,  dispassionate,  condescend- 
ing men  at  the  helm.  It  is  sometimes  with  governments 
as  with  private  men  ;  they  obstinately  persevere  from 
resentment  and  passion  in  measures  which  unbiased 
reason  would  condemn." 

**  September  jo,  167$  :  Nothing  can  overcome  the  aver- 
sion of  the  people  to  the  Stamp  Act,  and  [overcome]  their 
love  of  liberty,  but  an  armed  force  ;  and  that,  too,  not  a 
contemptible  one.  To  judge  from  the  number  of  the 
colonists,  and  the  spirit  they  have  already  shown,  and 
which  I  hope  to  God  will  not  fail  them  on  the  day  of 
trial,  twenty  thousand  men  would  find  it  difficult  to  en- 
force the  law  ;  or  more  properly  speaking  to  ram  it  down 
our  throats.  Can  England,  surrounded  with  powerful 
enemies,  distracted  with  intestine  factions,  encumbered, 
and  almost  staggering  under  the  immense  load  of  debt — 
little  short  of  one  hundred  and  fifty  million  pounds — 
send  out  such  a  powerful  army  to  deprive  a  free  people, 
their  fellow-subjects  of  their  rights  and  liberties  ?  If 
ministerial  influence  and  parliamentary  corruption  should 
not  blush  at  such  a  detestable  scheme  ;  \l  Parliament, 
blind  to  their  own  interest,  and  forgetting  that  they  are 
the  guardians  of  sacred  liberty,  and  of  our  happy  consti- 
tution, should  have  the  impudence  to  avow  this  open  in- 
fraction of  both,  will  England,  her  commerce  annihilated 
by  the  oppression  of  America,  be  able  to  maintain  those 
troops  ? 

The  absurdities  of  such  an  attempt  are  so  glaring,  the 
evil  consequences  so  obvious,  that  unless  a  general  frenzy 
has  seized  the  whole  English  nation,  I  cannot  suppose 
that  a  measure  will  be  adopted  which  will  inevitably  end 
in  the  ruin  of  the  English  Empire.     At  a  moderate  com- 


'  ,i  i 


Patriots  Wearing  Homespun. 


75 


putation,  the  inhabitants  of  these  continental  colonies 
amount  to  two  million,  five  hundred  thousand  ;  and  in 
twenty  years  time  as  propagation  increases  in  proportion 
to  the  means  of  an  easy  subsistence,  the  number  will  be 
doubled.  Reflect  on  the  immense  ocean  that  divides 
this  fruitful  country  from  the  island  whose  power,  as  its 
territory  is  circumscribed,  has  already  arrived  at  its  zen- 
ith, while  the  power  of  this  continent  is  growing  daily, 
and  in  time  will  be  as  unbounded  as  our  dominions  are 
extensive.  The  rapid  increase  of  manufactures  surpasses 
the  expectations  of  the  most  sanguine  American.  Even 
the  arts  and  sciences  commence  to  flourish,  and  in  these, 
as  in  arms,  the  day,  I  hope,  will  come  when  America  vill 
be  superior  to  all  the  world.  Without  prejudice  or  par- 
tiality, I  do  not  believe  the  universe  can  show  a  finer 
country — so  luxuriant  in  its  soil  ;  so  happy  in  a  healthy 
climate  ;  so  extensively  watered  by  so  many  navigable 
rivers,  and  producing  within  itself  not  only  all  the  neces- 
saries, but  even  most  of  the  superfluities  of  life. 

A  great  many  gentlemen  have  already  appeared  in 
homespun,  and  I  hope  soon  to  make  one  of  the  number. 
Many  imagine  the  Stamp  Act  will  be  suspended  for  a 
time,  till  some  expedient  may  be  hit  on  to  reconcile  the 
exemption  we  claim  from  a  parliamentary  taxation,  with 
the  right  and  power  asserted  of  late  by  the  Parliament. 
If  the  act  be  suspended  until  such  an  expedient  can  be 
found,  it  will  be  suspended  for  all  eternity." ' 

In  a  letter,  dated  August  12,  1766,  which  is 
thought  to  have  been  written  to  William  Graves, 
Charles  Carroll  says  : 

"  The  colonies  are  far  from  aiming  at  independence. 
If,  indeed,  slavery  and  dependency  be  convertible  terms 

'  Ih'J.,  September  12,  1874.  P-  323. 


f^ 


Charles  Carroll  of  Carrollton. 


— and  if  your  government  should  not  make  the  proper 
distinction,  and  should  treat  us,  not  as  culprits  composing 
a  part  of  the  same  society,  and  entitled  to  the  same  priv- 
ileges with  the  rest,  but  should  look  upon  us  as  slaves, 
and  should  use  us  as  such,  I  believe  every  American 
would  disclaim  that  sort  of  dependency." ' 

The  disappointment  in  courtship,  which  had  been 
a  part  of  Charles  Carroll's  London  experience,  had 
disinclined  him  to  thoughts  of  matrimony,  as  he 
believed,  on  his  return  to  Maryland.  But  the  wise 
bachelor  philosophy  to  which  he  gives  utterance  in 
the  fall  of  1765,  had  all  been  dissipated  in  the  space 
of  a  few  months,  and  in  the  spring  of  1766,  we  find 
him  again  under  the  influence  of  the  softer  passion. 
He  was  in  love  with  his  cousin  Rachel  Cooke,  and 
she  returned  his  affection.  This  lady  was  descended, 
like  himself,  from  Jane  Lowe,  Lady  Baltimore. 
The  wedding  was  to  have  taken  place  the  8th  of 
July,  1766,  but  the  lover  was  seized  with  a  fever  in 
June,  which  lasted  for  so  long  a  time  that  the  cere- 
mony was  postponed  until  early  in  November.  He 
then  writes  over  to  London  for  gifts  to  be  purchased 
for  his  bride,  and  he  asks  a  friend  to  buy  him  a 
"  curricle,"  in  view  of  the  coming  event.  But  now 
it  was  the  lady  who  fell  sick,  and  in  the  very  month 
she  was  to  have  been  married,  Charles  Carroll  was 
shocked  and  stunned  by  her  death.  His  grief  for 
her  loss  seems  to  have  been  poignant,  if  not  long- 
lived.  But  at  thirty  the  spirit  is  clastic,  and  a  bruised 
heart  is  soon  healed.     Another  fair  cousin  was  at 

"  Tbid. 


j  V 


Reflections  of  a  Bachelor, 


77 


hand  to  offer  consolation,  and  to  this  lady,  Mary 
Darnall,  Charles  Carroll  of  Carrollton  was  married, 
June  5th,  1 768.  She  and  her  mother  had  been  living 
in  his  father's  family  for  some  years,  which  accounts 
for  the  brief  courtship.  The  following  letters  to 
his  English  friends  and  others,  tell  the  story  of  these 
several  vicissitudes  of  feeling,  and  of  the  final  happy 
consummation. 

I5tii  September,  1765. 
Dear  Graves : 

The  gentleman  who  informed  you  of  my  Father's  hav- 
ing presented  me  with  ^,^40,000  sterling,  was  misinformed, 
or  was  willing  to  impose  on  you  a  piece  of  news  of  his 
own  coinage — not  only  40,000  pounds  but  the  whole  of 
my  Father's  estate  is  at  my  disposal.  We  are,  and  are 
likely  to  continue  on  the  best  of  terms  :  never  Father 
and  Son  were  [on]  better. 

Matrimony  is  at  present  but  little  the  subject  of  my 
thoughts  ;  indeed  I  am  uncertain  whether  I  shall  ever 
marry,  unless  I  meet  with  a  lady  of  good  sense  and  good 
nature.     .     .     . 

Affectionately  yours 
Ch.  Carroll  of  Carrollton.* 


J 


2ist  November,  1765. 
Dear  Bradshaw  : 

.  .  .  As  to  your  humble  servant,  he  is  much  as  you 
left  him — as  thin,  as  easy,  and  as  sincere  and  unalterable 
in  his  friendship  ;  still  a  bachelor  and  likely  to  remain 
so — not  from  any  fixed  purpose,  or  former  disappoint- 
ment, but  merely  from  indifference.  At  our  years  the 
passions  grow  cooler,  and  our  reason  generally  operates 


;.i 


m 


Family  papers,  Rev.  Thomas  Sim  Lee. 


•yr 


mm 


hi' 


78 


Charles  Carroll  of  Carrollton. 


the  stronger  in  proportion  to  the  abatement  of  youthful 
heat.  A  man  of  common  sense  at  twenty  [thirty?]  is 
well  convinced,  or  ought  to  be,  of  the  emptiness  of  that 
passion  (which  exists  nowhere  but  in  romance).  If  he 
marries,  he  will  marry  from  affection,  from  esteem,  and 
from  a  sense  of  merit  in  his  wife.  .  .  .  It  is  indeed  a 
misfortune  too  common,  that  the  generality  of  women 
neglect  to  improve  their  understandings — their  whole 
time  being  taken  up  in  emptiness,  in  adorning  and  setting 
off  to  advantage  their  charms.  They  do  not  reflect  that 
these,  in  the  eyes  of  the  world  have  but  a  few  years  to 
last,  and  in  the  eyes  of  a  husband,  but  a  few  months  ; 
and  good  sense,  good  nature,  improved  by  reflection,  by 
readmg,  are  the  only  means  to  hold  the  affection  of  a 
husband,  and  to  perpetuate  that  empire  which  beauty 
first  established.  What  more  dreadful,  what  more  irk- 
some, than  to  be  linked  for  life  to  a  dull,  insipid  com- 
panion, whose  whole  conversation  is  confined  to  the 
color  and  fashion  of  her  dress — the  empty  chit-chat  of 
the  tea-table  ?  Nor  would  I  be  understood  to  insinuate 
that  the  domestic  cares,  and  charge  of  a  family,  are  be- 
neath the  notice  and  dignity  of  a  wife,  for  due  attention 
to  the  duties  that  fall  to  the  mistress  of  a  family,  far  from 
being  derogatory,  would  do  honor  to  a  lady  in  the  high- 
est station  in  life.' 


I,! 


May  29,  1766. 
Dear  Daniel  : 

Before  you  receive  this,  I  shall  probably  be  married  to 
Miss  Cooke.     ... 


.^v 


*  Family  papers:  Applelotis  Journaly  September  19,  1874,  p.  354. 


Engaged  to  Miss  Cook 


79 


22nd  July,  1766. 
Dear  Christopher  : 

I  was  to  have  been  married  the  8th  inst.,  but  a  sharp 
fever  seized  me  about  the  20th  of  last  month.  It  con- 
tinued without  intermission  for  thirteen  days,  and  from 
that  time,  though  with  several  intermissions,  it  has  hung 
upon  me  till  a  few  days  ago. 

August  26th. 
Dear  Bradshaw  : 

I  was  to  have  been  married  the  8th  of  last  month  to 
an  amiable  young  lady,  but  was  taken  ill  with  fever  in 
June.  If  I  continue  thus  recruiting  I  hope  to  be  mar- 
ried early  in  November.' 

17th  September,  1766. 
Dear  Christopher  : 

About  the  loth  next  November  I  shall  be  initiated  in 
the  mysterious  rites,  as  Milton  calls  them  of  Hymen.  A 
greater  commendation  I  cannot  make  of  the  young  lady 
than  by  pronouncing  her  no  ways  inferior  to  Louisa, 
and  that  the  sweetness  of  her  temper  and  other  amiable 
qualities  have  contributed  to  efface  an  impression  which 
similar  qualities  had  made  on  a  heart  too  susceptible 
perhaps,  of  tender  feelings,  and  on  a  mind  not  sufficiently 
strengthened  by  philosophy  to  resist  those  and  the 
un'ted  power  of  good  sense  and  beauty." 

October  6,  1766. 
Dear  Madam  : 

I  wrote  to  your  nephew  the  17th  of  last  month  and  in 
that  letter  acquainted  him  with  my  intended  marriage 
which  I  believe  if  nothing  unforseen  happens  will  take 

'  Family  papers,  Rev.  Thomas  Sim  Lee, 
'Family  papers,  Mrs.  William  C.  Pennington. 


L^ 


.,!: 


t- 


%\ 


Vf 


jj^;*" 


C. 


80 


Charles  Carroll  of  Carrollton. 


i\ 


place  the  first  week  in  November.  You  have  no  doubt 
some  curiosity  to  know  what  sort  of  choice  I  have  made. 
Were  I  not  afraid  of  doing  injustice  to  the  lady,  I  would 
endeavour  to  present  you  with  her  picture,  but  I  have 
been  so  accustomed  to  draw  ugly  likenesses  that  I  fear  I 
shall  make  but  a  bad  hand  at  a  handsome  one.  This 
much  1  will  say,  and  this  is  her  chiefest  commendation, 
she  has  good  sense,  a  temper  equally  sweet  as  yours,  and 
a  modesty  that  would  charm  a  rake. 

[And  after  a  few  jests  about  wonnen  which  he 
fears  his  correspondent  might  interpret  as  **  a  satyr 
upon  your  sex  "  the  letter  continues.] 

I  assure  you  I  have  been  more  sparing  in  my  reflec- 
tions, and  in  pronouncing  judgment  on  that  amiable  part 
of  mankind  since  the  opinion  a  charitable  lady  of  your 
acquaintance  was  pleased  to  form  of  me  behind  my  back, 
from  little  inadvertencies,  and  that  opinion  was  delivered 
seriously  and  deliberately  before  a  sister  whom  at  that 
time  I  would  have  given  the  world  to  entertain  better  of 
me.  Well  then,  since  the  subject  has  somehow  unac- 
countably led  me  on  to  the  lady,  I  may  mention  her 
name.  How  is  Louisa  ?  There  was  once  more  music 
in  that  name  than  in  the  sweetest  lines  of  Pope  ;  but 
now  I  can  pronounce  it  as  indifferently  as  Nancy,  Betsy, 
or  any  other  common  name.  If  I  ask  a  few  questions 
I  hope  you  will  not  think  I  am  not  quite  as  indifferent 
as  I  pretend  to  be.  But  I  protest  it  is  mere  curiosity, 
or  mere  good  will,  that  prompts  me  to  inquire  after  her. 
Is  she  still  single  ?  Does  she  intend  to  alter  her  state  or 
to  remain  single  ?  If  she  thinks  of  matrimony,  my  only 
wish  is  that  she  may  meet  with  a  man  deserving  of  her. 

i  write  to   your  nephew  by  this  opportunity.     Pray 


U'\    i 


Death  of  his  Betrothed, 


8i 


remember  me  to  your  brother  for  whom  as  for  yourself 
I  shall  ever  retain  an  unfeigned  esteem  and  sincere 
regard. 

The  first  part  of  this  letter  contains  a  request  to 
his  correspondent  to  execute  some  commissions  for 
the  writer's  intended  bride,  Brussels  lace,  a  necklace, 
etc.     In  a  postscript  Charles  Carroll  adds : 

"  I  have  sent  the  measure  of  the  lady's  stays,  and 
of  the  skirts  of  her  robes.  I  hope  you  will  excuse  any 
impropriety  in  my  expressions,  for  I  confess  an  utter 
ignorance  in  these  matters.  The  silk  marked  C^^  is 
for  a  young  lady  who  lives  with  us."  ' 

This  young  lady  so  casually  mentioned  "  who 
lives  with  us,"  was  no  doubt  Mary  Darnall.  The 
wedding  dress  intended  for  Miss  Cooke  was  brought 
over,  and  remains  to-day  an  heirloom  in  her  family. 
It  was  worn  "in  1876,  more  than  a  hundred  years 
later  [than  the  date  of  the  above  letter],  at  one 
of  the  Martha  Washington  parties,  the  fabric  almost 
untarnished  by  time."' 

November  J?7th,  1766;  Dear  Graves:  The  young 
lady  to  whom  I  was  to  have  been  married  died  the  25th 
instant.  She  was  acknowledged  by  all  her  acquaintance 
to  be  a  most  sweet-tempered,  amiable  and  virtuous  girl. 
I  loved  her  most  sincerely  and  had  all  the  reason  to  be- 
lieve I  was  as  sincerely  loved.  Judge  of  my  loss,  and  by 
it  of  what  I  now  feel.' 

'  Ibid. 

^  Magazine  of  American  History^  1S78,  vol.  ii.,  p.  loo. 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 
6 


i 


l»: 


!■ 


I'i 


Si 


Charles  Carroll  of  Carrolltou, 


\    i 


'>! 


; 


8th  March,  1767. 
Dear  Christopher  : 

The  lady's  name  to  whom  I  was  to  have  been  married 
was  Cooke,  a  cousin  of  mine,  but  not  the  same  I  spoke 
of  to  your  Aunt.  She  possessed  every  qualification 
requisite  to  make  me  happy,  virtue,  prudence,  and  conse- 
quently good  sense  ;  a  cheerful  and  even  temper,  an 
agreeable  person.  Her  death  was  the  greatest  shock  to 
me  as  it  was  not  apprehended.  She  had  been  ill  four  or 
five  weeks,  but  the  doctor  either  knew  not  or  dissembled 
her  danger.  During  her  illness  1  often  visited  her,  her 
father's  house  not  being  more  than  twenty-two  or  twenty- 
three  miles  from  ours.  The  last  visit  I  paid  her  was  on 
the  25th  of  November.  On  that  day  in  about  three 
hours  after  my  arrival  she  died.  She  retained  her  senses 
almost  to  the  last ;  perfectly  resigned  to  her  fate  she 
seemed  to  feel  much  more  for  us  than  for  herself.  I 
make  no  doubt  if  virtue  is  to  be  recompensed  in  a  future 
state,  she  now  enjoys  perfect  happiness.  What  must  I 
not  have  felt  during  this  distressful  scene,  of  which  I 
was  not  only  an  eye-witness,  but  the  principal  sharer. 

Your  heart  is  too  tendei  not  to  partake  even  at  this 
distance  of  your  friend's  grief,  and  to  sympathize  with 
him.  All  that  now  remains  of  my  unhappy  affection  is  a 
pleasing,  melancholy  recollection,  of  having  loved  and 
being  loved  by  a  most  deserving  woman. 

I  really  know  not  how  it  is,  but  either  from  lowness  of 
spirits,  or  from  a  puny,  weakly  frame,  perhaps  from  both, 
as  reciprocally  the  cause  and  effect,  I  am  grown  quite 
indifferent  to  everything  in  this  world,  even  to  life  itself. 
I  assure  you — I  speak  without  affectation,  and  with  due 
submission  to  the  will  of  God — I  care  not  how  soon  a 
period  is  put  to  this  dull  tameness  of  existence  here,  but, 
I  am  sensible,  to  merit  immortal  happiness,  we  must  pa- 


Thoughts  on  Lifes  Trials, 


83 


tiently  submit,  I  was  going  to  say  cheerfully,  but  I  have 
not  virtue  enough  to  do  that— to  the  crosses  and  trials 
of  this  life,  nay  we  must  drink  up  the  very  dregs  of  it. 
I  am  now  come  to  the  dregs  of  mine.  Is  it  then  surpris- 
ing that  I  should  wish  the  bitter  potion  down  ?  Do  not 
be  startled  at  this  morality.  Virtue,  believe  me,  is  the 
only  foundation  of  happiness  in  this  life  ;  there  can  be 
no  other  foundation  for  happiness  in  any  other  but  virtue 
— reason  and  revelation  both  teach  this  ;  constant  ex- 
perience, too,  confirms  it  to  be  true — else  whence  that 
perpetual  anxiety,  those  endless,  restless  desires  in  men 
possessed  of  all  worldly  advantages — dignities,  power, 
wealth,  strength,  beauty,  health,  wisdom  ?  Even  these 
favorites  of  nature  are  as  craving,  as  uncontented,  as  her 
most  destitute,  impoverished  children  !  Why  ?  These 
men  want  virtue  ;  their  desires  are  insatiable  because  not 
fixed  on  the  only  object  capable  of  satisfying  man,  and 
intended  to  satisfy  him,  by  rendering  him  completely 
happy — infinitude,  and  to  the  enjoyment  of  this  virtue 
only  can  entitle  us. 

The  mentioning  Ryegate  has  recalled  a  thousand 
pleasing  ideas  to  dmi  nym.  How  many  happy  hours 
have  I  past  in  that  pretty  spot,  with  an  innocent,  cheer- 
ful and  contented  family,  the  peace  of  which  the  worst  of 
tempers  could  not  disturb.  Excuse  this  reflection  on  an 
Aunt  who  hated  the  best  of  sisters.  If  possible  my  re- 
gard for  your  Aunt  Esther,  that  amiable  woman  is  in- 
creased. My  poor  dear  Miss  Cooke  often  put  me  in 
mind  of  her,  there  was  a  striking  likeness  in  their  temper 
and  manner.' 

'  Family  papers,  Mrs.  W.  C.  Pennington ;    Partly  published   in 
Appleton,  Sept.  19,  1874. 


t 


84 


Charles  Carroll  of  Carrolllon. 


\  ■ , 


Qth  March,  1767. 
Dear  Jennings  : 

I  received  a  few  days  ago  your  letter  of  18th  Novem- 
ber. You  must  have  received  before  this  comes  to  hand 
the  news  of  Miss  Cooke's  death.  From  the  sweetness  of 
her  temper,  her  virtue  and  good  sense,  and  from  our 
mutual  affection,  I  had  the  strongest  assurances  of  hap- 
piness in  the  married  state.  It  has  pleased  God  to  teach 
me  by  this  severe  visitation  that  no  happiness  but  what 
results  from  virtue  is  permanent  and  secure.' 

Long  years  after  the  death  of  Charles  Carroll  of 
Carrollton,  there  were  found  in  a  secret  drawer  of  his 
writing  desk  a  miniature  of  Rachel  Cooke  and  a  lock 
of  her  hair. 

But  now  the  new  love  appears  on  the  scene. 

August  13,  1767. 
Pear  Jennings: 

Perhaps  before  you  receive  this  I  shall  be  married.  I 
have  been  so  successful  as  to  gain  the  affections  of  a 
young  lady  endowed  with  every  quality  to  make  me 
happy  in  the  married  state.  Virtue,  good  sense,  good 
temper.  These  too  receive  no  small  lustre  from  her  per- 
son, which  the  partiality  of  a  lover  does  not  represent  to 
me  more  agreeable  than  what  it  really  is.  She  really  is  a 
sweet-tempered,  charming,  neat  girl — a  little  too  young 
for  me  I  confess,  but  especially  as  I  am  of  weak  and 
puny  constitution — in  a  poor  state  of  health,  but  in  hopes 
of  better.     "  Hope  springs  eternal  in  the  human  breast.'" 

27th  August,  1767. 
Dear  Graves  : 

I  have  yours  of  the  4th  of  last  February  now  before 

me.     I  am  quite  of  your  opinion.     I  adopt  all  your  argu- 

'  Family  papers,  Mrs.  William  C.  Pennington.  *  Ibid. 


/;/  Love  ivith  Miss  DanialL 


85 


I 

a 


I  a 


ments  in  favor  of  the  matrimonial  state  ;  after  such  a 
declaration  you  will  no  doubt  expect  to  hear  that  I  en- 
tertain fresh  thoughts  of  matrimony.  I  not  only  do  so, 
but  the  thing  is  already  concluded  on  and  the  ceremony 
will  be  performed  some  time  in  Sei)tembcr  or  October 
next.  The  lady's  name  is  Darnall,  of  a  good  family 
without  any  money  ;  and  in  every  other  respect  she  is 
such  as  you  would  recommend  to  your  friend,  cheerful, 
sweet-tempered,  virtuous  and  sensible.' 

September  10,  1767. 

To  Mr.  Bird,  Junr. 

Dear  Sir  : 

My  last  to  you  was  dated  the  8th  of  last  March. 
Your  silence  is  the  more  surprising  as  I  not  only  expected 
letters  from  you,  but  to  receive  some  things  which  I 
took  the  liberty  of  troubling  your  Aunt  to  buy  for  my 
cousin  Miss  Mollie  Darnall,  and  who  is  greatly  disap- 
pointed at  not  receiving  them. 

Immediately  on  the  death  of  Miss  Cooke,  my  father 
wrote  to  your  Aunt  countermanding  what  I  had  desired 
her  to  purchase  for  that  lady. " 

October  17th,  1767. 
To  Mr.  William  Brown  : 

Miss  Darnall  has  taken  the  liberty  to  request  Mrs. 
Brown  to  purchase  some  articles  in  the  enclosed  invoice, 
and  I  doubt  not  but  Mrs.  Brown  will  be  so  good-natured 
as  to  execute  the  commission  to  Miss  Darnall's  satis- 
faction. I  compute  her  invoice  will  amount  to  150  or 
160  pounds.  Perhaps  it  may  amount  to  ;;^2oo.  On 
this  head  I  can  say  no  more  than  this,  let  the  things  be 
bought  at  the  best  rate,  but  at  the  same  time  handsome 
and  genteel.* 

» Ibid.  '-'  Ibid.  *Ibid. 


If  ^ 

ii 


I'll 


tii 


I 


86 


Charles  Carroll  of  CarroUton, 


I     I 


November  7,  iy6y — Dear  Graves  :  My  last  to  you  was 
dated  27th  August.  .  .  I  informed  you  that  I  expected 
to  be  married  this  last  October  to  Miss  Darnall,  but  the 
fre<iuent  prorogations  of  our  Assembly  which  will  be 
dissolved,  of  course,  next  month,  have  hitherto  prevented 
our  marriage  from  taking  place.  A  new  Assembly  will 
be  chosen  this  winter  which  will  meet  early  next  spring 
and  then  I  propose  getting  a  law  passed  to  impower  Miss 
Darnall  who  is  under  age,  to  consent  to  a  settlement  in 
bar  of  dower.  If  I  succeed  in  my  application  to  the 
House  for  this  purpose,  I  imagine  I  shall  be  married 
some  time  next  May. 

Pray  what  are  your  sentiments  of  the  late  expulsion 
of  Jesuits  from  Spain?  General  accusations  against  a 
body  of  men,  of  great  crimes  and  misdemeanours,  with- 
out particular  proof,  are  to  me  strong  confirmation  of 
the  falsity  of  those  accusations.  It  is  my  private  opinion, 
that  the  Roman  Catholic  princes  are  desirous  of  rooting 
out  the  regular  clergy  in  their  dominions,  not  only  with 
a  view  of  seizing  their  estates,  and  enriching  with  their 
plunder  a  few  court  favorites,  but  to  ease  their  people 
of  a  dead  weight  and  themselves  of  a  political  incum- 
brance.' 

January  16,  ^T^S,  Dear  Graves:  I  hope  you  have 
received  my  last  letter  of  the  7th  November.  By  that 
you  will  learn  that  my  marriage  with  Miss  Darnall 
was  put  off  till  the  next  spring,  in  order  to  obtain  an 
Act  of  Assembly.  .  .  .  Thus  you  see  if  the  settle- 
ment cannot  be  securely  made  without  an  Act  to  give 
it  a  legal  force,  I  may  wait  two  years  longer,  that  is 
till  the  young  lady  comes  of  age.  She  will  be  19  years 
old  the  19th  of  next  March.  I  leave  you  to  judge  how 
disagreeable  such  a  delay  must  be  in  my  situation.     I 


The  Marriage  Contract. 


87 


wish  you  would  apply  to  one  or  two  able  lawyers  for  their 
opinion  upon  this  point.  Inclosed  is  an  order  in  blank 
upon  Messrs  Perkins  &  Co.  for  what  money  it  may  be 
necessary  to  give  to  the  lawyers  for  their  advice.  .  .  . 
I'ray  do  not  lose  any  time.  Hy  the  laws  or  the  usage 
of  this  Province,  widows  are  entitled  to  one-third  of  the 
personal  estate  absolutely  and  negroes  are  accounted  as 
part  of  the  latter. 

The  bulk  of  my  estate  consists  of  negroes  and  money. 
We  have  near  ^30,000  at  interest  and  above  300  negroes, 
worth  at  least  in  average  ^30  sterling  each.  In  case  of 
my  'talh  a  very  large  i)roportion  of  my  estate  woukl 
probably  be  carried  into  another  family,  to  the  prejudice 
of  my  own  children  or  of  the  heir  at  law. 

The  young  lady  to  whom  I  am  to  give  my  hand  and 
who  already  has  my  heart,  allho'  blessed  in  every  good 
quality,  has  not  been  favored  by  fortune  in  respect  to 
money,  and  this  among  many  others  is  a  strong  instance 
of  the  partiality  and  blindness  of  that  goddess  ;  or  that 
riches  are  not  always  bestowed  upon  the  deserving.  1 
mention  not  this  circumstance  as  an  objection  to  the 
young  lady.  1  prefer  her  thus  unprovided  to  all  the 
women  I  have  ever  seen — even  to  Louisa — but  only  as  a 
reason  inducing  the  necessity  of  a  settlement,  and  strongly 
justifying  it.  I  am  willing  and  desirous  that  all  ray 
future  actions  should  stand  the  test  of  those  two  severe 
judges — Reason  and  Justice.' 

The  marriage  contract  was  drawn  up  on  Saturday, 
the  4th  of  June,  1768,  and  is  styled  an  "  Indenture  " 
between  Charles  Carroll  of  Carrollton,  of  the  first 
part,  Henry  Darnall,  Jr.,  of  the  second  part,  Rachel 
Darnall,  wife  of  said  Henry,  of  the  third  part,  Mary 

^  Ibid. 


I 

h 


i 


■i3     M 


ii 


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Darnall,  daughter  of  said  Henry  and  Rachel,  of  the 
fourth  part,  and  Robert  Darnall,  uncle  to  said  Mary, 
of  the  fifth  part.  The  witnesses  to  the  signatures  of 
Henry  Darnall,  Jr.,  and  Robert  Darnall  are  William 
Digges,  Jr.,  and  Joseph  Digges.  The  witnesses  to 
the  signatures  of  Charles  Carroll  of  Carrollton  and 
of  Rachel  Darnall  and  Mary  Darnall,  are  Charles 
Digges,  Ann  Darnall,  and  Mildred  Hanson.'  The 
marriage  took  place  the  following  day,  and  is  thus 
noticed  in  the  Annapolis  paper  of  the  9th  of  June. 

**  On  Sunday  evening  was  married  at  his  Father's 
House  in  this  city,  Charles  Carroll  Jr.  Esq  :,  to  Miss  Mary 
Darnall,  an  agreeable  young  Lady  endowed  with  every 
accomplishment  necessary  to  rendcx*  the  connubial  state 
happy." '' 

The  bride,  as  the  daughter  of  Henry  Darnall  of 
Prince  George's  County  and  Rachel  Brooke,  was 
related  to  the  bridegroom  through  both  sides  of  his 
house. 

The  Kon.  Daines  Barrington,  Charles  Carroll  of 
Carrollton's  English  friend,  to  whom  the  following 
letter  was  written,  belonged  to  a  distinguished  band 
of  brothers,  one  of  whom  became  a  bishop,  one  an 
admiral,  and  one  a  major-general,  and  two  of  them 
were  writers  and  statesmen.  Daines  Barrington, 
M.P.,  published  his  quarto  volurre,  "  Observations 
upon  the  more  Ancient  Statutes,  from  Magna  Charta 
to  James  I.,"  in  1766,  and  it  was  republished  the 
following  year,  when  Mr.  Graves,  who  seems  to  have 
visited  America  at  this  time,  brought  over  a  copy 
from   the  author  as  a  present  to  Charles  Carroll. 

'  Family  papers.  ^  Maryland  Gazette^  \lt%. 


Letter  to  Dailies  Barrington, 


89 


The  latter  evidently  placed  a  high  value  upon  the 
book,  for  its  stores  of  legal  learning,  and  its  valuable 
emendations,  and  he  quoted  from  it  more  than  once 
in  his  controversy  with  Daniel  Dulany  a  few  years 
later. 

August  ig,   1767. 

To  THE  Hon.  Daines  Barrington  : 

I  received  from  Mr.  Graves  your  agreeable,  judicious, 
and  entertaining  observations  on  the  statutes.  The  least 
I  can  do  for  the  pleasure  they  have  afforded  mc  is  to 
acknowledge  it,  and  thank  you.  What,  too,  not  a  little 
enhances  the  value  of  the  present,  independent  of  its 
intrinsic  worth,  is  your  remembrance  of  me  ;  if  to  be 
praised  by  a  great  man  is  the  highest  praise,  to  be  re- 
membered by  one  is  not  less  flattering.  As  a  token  of 
friendship,  your  book  cannot  but  be  pleasing  to  me  ;  the 
perusal  of  it  has  afforded  me  no  small  amusement  and 
instruction.  Indeed  I  could  not  have  thought  so  dry  a 
subject  capable  of  such  embellishments.  You  have 
thrown  a  new  light  on  the  old  statutes  by  making  them 
expositions  of  the  manners  of  our  ancestors.  Perhaps 
the  only  fault  in  the  book  is  the  quotation  of  so  many 
different  languages  ;  few  of  the  readers,  I  believe,  will 
understand  all  the  languages  you  have  quoted  ;  at  least 
I  wish  you  had  Englished  many  of  them  for  such  ignor- 
ant ones  as  myself. 

Graves  tells  me  the  bear-hams  were  spoilt,  they  were 
perfectly  sound  when  they  left  this  place.  I  have  en- 
deavored to  procure  you  a  taste  of  American  venison, 
but  hitherto  without  success  ;  but  I  hope  to  get  some 
venison  time  enough  to  send  in  the  spring. 

I  am,  sir,  etc. 
Charles  Carroll  of  Carrollton.* 

'  Family  papers  :  AppkioiCs  Journal,  September  19,  1874,  p.  354. 


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Charles  Carroll  of  Carrolltoti, 


At  this  time  appeared,  1 767-1 768,  John  Dickin- 
son's Letters  of  the  "  Pennsylvania  Farmer,"  which 
were  so  greatly  admired  by  the  patriots  of  America. 
The  first  one  was  copied  into  the  Maryland  Gazette^ 
December  17,  1767.  Charles  Carroll  read  them  all 
with  avidity,  doubtless.  And  when  writing  his 
"  Letters  of  the  First  Citizen,"  he  called  special  at- 
tention to  the  eleventh  one  of  these  papers,  which 
he  recommends  to  his  countrymen  for  its  wisdom 
and  patriotism. 

William  Cooke,  a  brother  of  Charles  Carroll's  ill- 
fated  ladylove,  went  to  London  in  the  spring  of 
1768,  to  study  law  at  the  Temple,  and  carried  with 
him  a  letter  from  Carroll  to  his  friend  Graves,  who 
was  to  introduce  young  Cooke  to  some  of  the  pleas- 
ant set  whose  acquaintance  he  had  enjoyed.  They 
were  "  learned  and  sensible  men"  who  were  wont  to 
meet  at  the  "  Crown  and  Anchor,"  we  are  told. 
Charles  Carroll's  good  opinion  of  his  cousin  was  well 
founded,  for  making  the  most  of  his  student  years 
in  England,  he  became  subsequently  one  of  Mary- 
land's most 


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April  16,  1768. 

Dear  Graves  : 

This  will  be  delivered  to  you  by  Mr.  William  Cooke, 
a  relation  of  mine  for  whom  I  have  a  sincere  friendship 
and  esteem,  and  whom  upon  acquaintance  I  make  no 
doubt  you  will  find  worthy  of  yours. 

It  was  this  gentleman's  sister  I  was  to  have  espoused. 
Sed  Dis  aliter  visum. 

Mr,  Cooke  intends  to  remain  in  London  two  or  three 
years  in  order  to  perfect  himself  in  the  law  by  a  diligent 


William  Cooke  in  London. 


9» 


application  to  that  science  and  constant  attendance  on 
the  courts,  and  by  such  further  helps  as  his  residence  in 
the  Temple  or  some  other  Inn  of  Court  may  afford  him. 
An  acquaintance  with  and  the  conversation  of  some  good 
lawyers  will  I  apprehend  be  particularly  useful  to  him 
not  only  by  their  pointing  out  a  proper  method  and 
proper  books,  but  by  resolving  such  difficuhies  as  may 
occur  in  the  course  of  his  reading.  It  is  with  this  view 
chiefly  that  I  make  bold  to  recommend  him  to  you  for 
advice  in  the  profession  which  he  has  embraced,  and 
in  which  you  have  acquired  a  considerable  degree  of 
knowledge.  Any  assistance  you  may  lend  him  in  this 
way,  or  any  services  you  may  please  to  confer  on  him  by 
introducing  him  to  good  acquaintances  he  will  gratefully 
acknowledge,  and  I  shall  deem  as  conferred  upon  my- 
self. His  finances  are  too  scanty  to  permit  him  to  keep 
constantly  the  same  agreeable  company  with  which  you 
brought  me  acquainted.  However,  by  a  well-regulated 
economy  at  other  times  he  may  now  and  then  afford  to 
spend  his  half  guinea,  if  that  expense  should  be  necessary 
to  procure  him  the  acquaintance  and  countenance  of 
learned  and  sensible  men. 

Mr.  Cooke  has  for  some  years  past  applied  himself  to 
the  study  of  the  law,  and  I  believe  he  is  pretty  well  ac- 
quainted in  the  practice  of  the  court  and  judicial  pro- 
ceedings. For  any  further  particulars  relating  to  this 
gentleman  I  must  refer  you  to  himself.  I  have  sent  by 
him  three  venison  hams  which  you  will  be  pleased  to 
accept  of  for  your  use  and  the  gentlemen  at  the  Crown 
and  Anchor  to  whom,  particularly  to  Mr.  Barrington  and 
Hussey  I  desire  to  be  remembered. 

I  hope  you  have  received  my  several  letters  of  the  i6th 
and  22nd  January  and  7th  of  February,  and  complied 
wit'-<  what  I  have  therein  requested  of  you.     Not  that  I 


W 


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Charles  Carroll  of  Carrollton. 


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think  the  opinion  whatever  it  may  be,  will  be  necessary 
for  the  regulation  of  my  conduct.  Our  Assembly  will  set 
the  19th  of  May  when  I  intend  to  apply  for  a  bill  to  dis- 
pense with  the  disability  of  nonage.  Such  applications 
are,  I  believe,  not  uncommon.  In  the  present  instance 
it  is  just  and  reasonable,  and  can  be  attended  with  no 
inconvenience  to  the  public,  consequently  I  have  solid 
grounds  to  hope  for  success."  ' 

Charles  Carroll  of  Carrollton,  besides  his  Maryland 
friends,  and  those  made  in  his  long  sojourn  in  Europe, 
was  more  or  less  intimate  with  some  of  his  Virginia 
neighbors.  Robert  Carter  of  '*  Nomini  Hall "  in  West- 
moreland, a  member  of  the  Virginia  Council,  he  came 
to  know  in  business  as  well  as  socially,  as  they  were 
co-partners  in  the  ownership  of  the  Baltimore  Iron 
Works,  and  met  frequently,  besides  keeping  up  some 
correspondence  on  the  concerns  of  the  company. 
Another  prominent  Virginian  with  whom  Charles 
Carroll  was  intimate,  and  whom  he  may  have  met  in 
England,  was  Philip  Ludwell  of  "  Greenspring,"  who 
died  in  London,  March  25th,  1767,  leaving  three 
daughters,  co-heiresses,  one  of  whom  married  Wil- 
liam Lee.  In  his  will,  Philip  Ludwell  made  a  be- 
quest of  some  books  to  Charles  Carroll,  and  the  latter 
wrote  the  following  letter  to  the  executors  of  Lud- 
well's  estate,  Richard  Corbin  and  Robert  Carter 
Nicholas : 

8th  November,  1767. 
Gentlemen  : 

I  have  made  choice  agreeable  to  the  bequest  of  my 
worthy  friend.  Colonel  Ludwell,  of  the  books  on  the  op- 

*  Family  papers,  Mrs.  William  C.  Pennington. 


f 


Colonel  LudwclVs  Legacy. 


93 


posite  side  of  this.  The  presses  and  shelves  are  referred 
to,  that  you  may  the  more  easily  discover  at  one  view 
what  books  I  have  chosen.  A  very  sincere  friendship 
subsisted  between  us.  The  legacy  he  hath  bequeathed 
to  me,  and  particularly  the  manner  in  which  it  is  ex- 
pressed, is  a  proof  of  that  friendship  ;  and  I  have  ac- 
cepted of  this  token  of  my  friend's  remembrance,  more 
from  this  motive,  than  from  any  real  want  of  the  books 
I  have  selected  from  his  collection  for  my  own  use.  I 
desire  the  books  may  be  safely  packed  up  and  sent  by  water 
to  Annapolis,  directed  to  Charles  Carroll  of  Carrollton. 
I  hope  you  will  excuse  the  trouble  you  are  put  to  on  my 
account,  as  I  would  willingly  undertake  the  same  to  serve 
you — I  am, 

Gentlemen,  your  most  obedient  humble  servant, 
Ch.  Carroll  of  Carrollton. 

P.  S. — If  it  should  be  too  troublesome,  or  it  should  not 
lay  in  your  way  to  look  out  for  a  proper  opportunity  of 
sending  the  books  to  Annapolis,  you  will  be  pleased  to 
commit  them  to  the  care  of  Sir  Peyton  Beckwith,  with 
whom  I  am  well  acquainted,  who  will  take  the  proper 
care  of  them. 

To  The  Hon.  Richard  Corbin,  Esq., 

and  Robert  Carter  Nicholas,  Esq., 

at  Williamsburg,  Virginia.'" 

The  half  sheet  containing  the  names  of  the  books 
has  been  lost. 

Charles  Carroll's  acquaintance  with  George  Wash- 
ington first  began,  probably,  through  his  father's 
connection  with  the  Clifton  estate,  and  the  lawsuit 
growing  out  of  that  business,  to  which  reference  has 
been  made  in  the  Carroll  correspondence.     Charles 

'  MS.  Letter,  Nathaniel  Paine,  Worcester,  Mass. 


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Charles  Carroll  of  Carrolltou. 


Carroll,  Senior,  held  a  mortgage  on  the  plantation 
of  William  Clifton,  in  Fairfax  County,  Virginia, 
which  was  sold  to  satisfy  Clifton's  creditors  in  May, 
1760,  and  Washington  was  the  purchaser.'  On  his 
not  infrequent  trips  to  Annapolis,  Washington  visited 
at  the  Carroll  house,  where  he  would  meet  the  son 
as  well  as  the  father,  after  1765.  When  he  went  to 
the  Annapolis  races,  in  September,  1771,  as  Wash- 
ington records  in  his  diary,  he  dined  and  lodged  with 
the  Digges,  William  and  Ignatius,  and  dined  one 
day  with  Lloyd  Dulany,  the  next  day  with  Governor 
Eden,  going  from  there  to  the  play.  He  dines  with 
other  friends  two  evenings  in  succession,  each  time 
going  to  the  play,  and  on  the  27th  the  entry  is 
"  dined  at  Mr.  Carroll's  and  went  to  the  ball."  More 
dinners,  with  Mr.  Jenifer  and  others,  visits  to  the 
play  and  the  Coffee  House,  and  a  supper  at  Daniel 
Dulany's  on  the  29th,  fill  oat  the  gay  chronicle." 

The  friendship  thus  begun  between  Charles  Carroll 
of  Carrollton  and  Washington  was  cemented  later 
in  the  trials  and  labors  of  the  Revolution,  and  con- 
tinued unimpaired  through  all  the  subsequent  years, 
when  their  sympathy  on  all  questions  of  Federal 
politics  will  be  seen  to  have  been  complete  and  cor- 
dial. Charles  Carroll  of  Carrollton  was  associated 
with  Washington,  and  other  gentlemen  of  Virginia 
and  Maryland,  about  this  time,  in  their  scheme  for  im- 
proving the  navigation  of  the  Potomac  River.  The 
Potomac  Company  was  formed  before  Charles  Car- 
roll's return  to  America,  when  in  May,  1762,  a  meet- 

*  Washington  Ledgers,  Toner  Transcripts. 

"  Ford's  "  Writings  of  Washington,"  vol.  ii.,  p.  339. 


Charles  Willson  Pcalc. 


95 


ing  was  held  in  Frederick,  Maryland,  managers  were 
elected  and  two  treasurers  appointed.  At  the  ses- 
sion of  the  Virginia  Assembly  in  1772,  a  bill  was 
introduced  for  opening  and  extending  the  navigation 
of  the  Potomac,  from  Fort  Cumberland  to  tide- 
water, and  Washington,  who  was  in  the  Assembly, 
was  one  of  the  committee  having  the  matter  in  charge. 
John  Ballendine,  a  Virginian  merchant,  proposed  to 
undertake  this  work.  The  Company  were  to  sub- 
scribe ^30,000,  to  defray  expenses,  and  a  paper  is  ex- 
tant containing  the  names  of  some  of  the  subscribers. 
Charles  Carroll  of  Carrollton  is  put  down  for  ;^ioco.' 
Charles  Willson  Peale  was  living  in  Annapolis  in 
1767,  where  his  talents  received  their  first  encourage- 
ment through  the  kind  interest  and  assistance  of 
John  Hesselius,  a  Swedish  artist  then  located  at  the 
Maryland  metropolis.  Wishing  to  go  to  London  to 
study  his  art,  some  of  the  prominent  gentlemen  of 
Annapolis  subscribed  a  sum  of  money  to  defray  his 
expenses,  Charles  Carroll  of  Carrollton  heading  the 
list."  These  patrons  were  to  be  repaid  by  the  artist 
in  pictures  on  his  return  to  America.  In  London 
Peale  painted  the  portrait  of  Lord  Chatham  which 
Edmund  Jennings  presented,  through  Richard  Henry 
Lee,  to  the  "Gentlemen  of  Westmoreland,"  in  1768. 
"  It  was  executed  by  Mr.  Peale  of  Maryland  who 
was  recommended  to  me  by  several  friends  in  that 
province,  as  a  young  man  of  merit  and  modesty,"  ' 


(J 


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'  Papers  of  the  late  Dr.  J.  M.  Toner. 

'  Littel's  Living  Age,  vol.    xliv — (From   The  Crayon — Article  by 
Rembrandt  Peale.) 
^  "  Virginia  Historical  Register,"  1848. 


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Charles  Carroll  of  Carrolllon. 


wrote  Jennings  to  Lee,  and  no  doubt  Charles  Carroll 
was  one  of  the  friends  here  spoken  of.  Enumerated 
in  the  list  of  Charles  Willson  Peale's  portraits  of 
eminent  Americans  is  that  of  Charles  Carroll,'  and 
it  is  more  than  probable  he  painted  other  canvases 
for  Charles  Carroll  of  Carrollton  which  have  not  been 
identified. 

•  Appleton's  "  Cyclopaedia  of  American   Biography,"  edition  of 
1 8S8— Article  on  Peale. 


^inMrn 


CHAPTER  IV. 

LKTTERS  OF  THE   FIRST  CITIZEN. 

1773-1775- 

THE  third  memorable  period  in  Maryland's  eigh- 
teenth-century annals,  of  which  we  have  made 
mention  —  that  between  1770  and  1773  —  found 
Charles  Carroll  of  Carrollton  ready  equipped  and 
eager  to  take  his  place  as  the  champion  of  popular 
liberties.  The  rating  of  tithes  and  the  collection  of 
officers'  fees  were  the  two  subjects  agitating  the 
province  during  these  years.  With  the  former,  as  a 
Roman  Catholic,  Charles  Carroll  doubtless  thought 
he  could  not  with  propriety  concern  himself,  but  he 
felt  that  as  a  citizen  he  could  speak  with  authority 
in  behalf  of  the  civil  franchises  of  his  native  colony. 
The  fees  had  been  fixed  by  the  Legislature  from  year 
to  year,  and  were  paid  to  the  officers  of  the  province, 
either  in  money  or  tobacco,  in  place  of  salaries.  The 
House  of  Burgesses,  however,  had  determined  that 
the  perquisites  were  too  large  in  some  instances, 
and  in  one  case,  at  least,  an  ofificer  had  been  guilty 
of  taking  illegal  fees. 

But  all  the  efforts  of  the  Burgesses  to  reform  the 


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Charles  Carroll  of  Carrollton. 


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abuse,  and  reduce  the  amounts,  were  resisted  by  the 
Council,  which  refused  to  concur  in  a  new  law  framed 
by  the  Assembly  to  regulate  fees.  And  the  Council 
contained  among  its  members,  several  persons  who 
benefited  by  the  excessive  rates,  among  others  the 
two  Dulanys,  Daniel  and  Walter,  the  one  the  Sec- 
retary, the  other  the  Commissary-General,  of  the 
province.  When  this  matter  was  brought  up  by 
the  Legislature  in  1770,  and  the  arrest  ordered  of 
the  land-ofBce  clerk  accused  of  taking  fees  not  due  to 
him.  Governor  Eden  cut  short  the  difficulty  by  pro- 
roguing the  Assembly,  and  taking  the  case  into  his 
own  hands.  The  old  law  had  expired  and  the  Bur- 
gesses and  Council  could  not  agree  upon  a  new  one. 
The  wheels  of  state  could  not  stand  still,  therefore, 
argued  Governor  Eden,  it  was  the  duty  of  the  exec- 
utive to  settle  the  fees,  which  he  accordingly  did  by 
a  proclamation,  dated  the  26th  of  November,  1770, 
fixing  them  at  the  former  rate.  Thus  the  Assembly 
or  Lower  House,  which  was  the  Legislature  proper, 
saw  its  will  disregarded,  and  an  arbitrary  mandate 
superseding  the  decision  of  the  people's  represent- 
atives. 

The  law  for  the  rating  of  tithes  having  expired  also, 
the  clergy  went  back  to  an  old  act  which  gave  them 
ten  pounds  more  of  tobacco  for  each  tithable  than 
the  one  recently  in  operation.  The  murmurs  of  the 
people  against  these  two  "  grievances  "  were  loud 
and  deep.  But  the  former,  as  involving  an  import- 
ant principle,  the  right  of  the  people  to  tax  them- 
selves, fees  being  looked  upon  as  taxes,  struck  at  the 
base  of  Maryland's  legislative  liberties,  and  menaced 


Proclamation  Scitlhiir  Fees. 


99 


the  whole  structure,  exciting  wide-spread  indigna- 
tion and  ahirm.  The  colonists  resented  bitterly  what 
they  considered  a  tyrannical  and  contemptuous  dis- 
regard of  their  rights  and  privileges.  For  two  years 
and  more  the  injustice  rankled,  the  small  body  of 
officials,  only,  defending  the  action  of  the  Governor, 
while  the  popular  voice  was  unanimous  against  it. 

At  length  the  Government  seemed  to  have  found 
a  champion  able  to  make  good  the  contention  as  to 
the  legality  of  its  proceeding,  and  to  silence  all  of 
Eden's  detractors.  'Y'^^  Maryland  Gazette  oi  ]d,\\\x?ccy 
7th,  1773,  contained  his  first  letter,  under  the  signa- 
ture of  "  Antillon,"  in  the  form  of  a  dialogue  between 
the  "  First "  and  "  Second  Citizen,"  the  latter  defend- 
ing the  Proclamation,  while  the  "  First  Citizen " 
attacked  it.  The  learned  and  ingenious  author  so 
managed  his  argument,  as  to  give  the  "  Second  Cit- 
izen "  the  complete  victory  in  the  controversy.  Then 
appeared  the  protagonist  of  the  people,  in  a  new  and 
unknown  writer,  who,  taking  up  the  gauntlet  thus 
thrown  down,  and  styling  himself  the  "  First  Citi- 
zen "  with  equal  ability  and  knowledge,  maintained 
the  thesis  that  fees  were  taxes,  and  taxes  should  only 
be  laid  upon  the  people  by  those  who  represented 
them. 

The  letters  were  continued,  one  answering  the 
other,  "  Antillon  "  writing  four  and  the  "  First  Cit- 
izen "  an  equal  number,  until  July  1st,  when  with 
the  last  letter  of  the  *'  First  Citizen,"  his  victory 
was  seen  to  be  complete,  an  overwhelming  popular 
sentiment  sustaining  him.  Long  before  the  conflict 
closed,  the  incognito  of  the   two   controversialists 


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I  GO         C  '//(ir/cs  C  arroll  of  C  arrollton. 

was  an  open  secret.  Tlie  famous  jurist,  Daniel  I)u- 
lany,  stood  confessed  in  "  Antilion,"  or  the  '*  Second 
Citizen  "  ;  while  as  the  "  First  Citizen,"  Charles  Car- 
roll of  C.'UTollton  first  came  before  the  world  in  de- 
fence of  those  principles  of  liberty  with  which  his 
name  was  aftervvards  to  be  identified,  throu^diout  a 
long  and  distinguished  career. 

Letters  of  thanks  came  to  the  **  First  Citizen," 
from  William  Paca  and  Matthias  Hammond,  the 
representatives  of  Annapolis  \w  the  Assembly, 
and  from  the  freemen  of  Frederick,  Anne  Arundel, 
and  Baltimore  counties.  And  the  citizens  of  An- 
napolis, not  thinking  the  letter  of  their  delegates 
sufficient  to  show  their  gratitude,  came  in  a  body 
to  present  their  thanks,  as  soon  as  it  was  generally 
known  that  Charles  Carroll  of  Carrollton  was  the 
"  First  Citizen."  ' 

The  Governor  had  felt  it  necessary  to  repeal  the 
Proclamation,  and  its  mock  funeral  was  performed 
by  the  people  with  appropriate  ceremonies.  The 
rejoicing  was  universal  at  this  triumph.  William 
Paca  and  Samuel  Chase  meanwhile  had  been  discus- 
sing tithes  with  a  clerical  antagonist,  the  Rev.  Jona- 
than Boucher.  And  it  seems  probable  the  following 
anecdote  relates  to  these  contro  /ersies  over  fees  and 
tithes,  though  the  date  of  }:he  conversation  must 
have  been  later  than  that  assigned  to  it. 

"  From  the  earliest  symptoms  of  discontent,  Mr.  Car- 
roll foresaw  the  issue,  and  made  up  his  mind  to  abide  it. 
Once  when  conversing  with  Samuel  Chase,  in  1 771  or  2, 

'  Truth  Teller,  New  York,  1827,  Article  on  Charles  Carroll  of 
Carrollton. 


m^u . 


Carroll  ami  Daniel  Dnlany.  i  o  i 

the  latter  remarked,  *  Carroll  we  have  the  better  of  our 
opponents,  we  have  completely  written  them  down.' 
*  And  do  you  think,'  Mr.  Carroll  asked,  '  that  writing'  will 
settle  the  (juestion  between  us?*  '  To  be  sure,'  replied 
his  comi)ani()n,  *  what  else  can  we  resort  to  ?  '  *  The 
bayonet,'  was  the  answer.  '  Our  arguments  will  only  raise 
the  feelings  of  the  people  to  that  pitch  when  o|)en  war 
will  be  looked  to  as  the  arbiter  of  the  dispute.'  "  ' 

The  letters  of  Carroll  and  Dulany,  dealing  soinc- 
vvhat  too  much  in  invective,  and  abounding  in  per- 
sonalities, many  of  which  are  unintelligible  to  the 
modern  reader  ;  bristling  with  classical  quotations, 
and  freighted  heavily  with  the  lore  of  the  law 
pedant;  their  argument  sustained  by  laborious  pre- 
cedent and  learned  maxim,  are  now  little  read, 
though  they  remain  worthy  memorials  of  the  emi- 
nent men  who  penned  them.  "  They  are  political 
essays  of  a  high  order,"  says  a  distinguished  Mary- 
land historian,  "  taking  a  wide  range  through  the 
doctrines  of  constitutional  liberty,  evincing  much 
research,  abounding  in  happy  illustrations,  and  often 
pointed  with  the  most  caustic  satire."  * 

These  essays  of  Charles  Carroll  brought  the  mod- 
est, studious,  and  retiring  planter  out  of  the  shades 
of  private  life  into  the  full  glare  of  political  publicity. 
He  was  evidently  little  known  at  this  time,  even  in 
his  own  province,  while  his  adversary,  Daniel  Duiany, 
the  author  of  a  pamphlet  on  the  Stamp  Act,  the 

'  Ibid.  This  article  is  believed  to  have  been  written  by  Dr. 
Richard  Steuart,  Charles  Carroll's  friend  and  physician,  and  to  nave 
passed  under  Carroll's  eyes. 

*  McMahon's  "  History  of  Maryland,"  p.  389.     Baltimore,  1831. 


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1 02  Charles  Carroll  of  Carrollton. 

Secretary  of  the  colony,  and  the  great  ornament  of 
its  judiciary,  had  established  a  reputation  that  had 
reached  to  the  bounds  of  the  colonies,  and  was 
familiar  to  the  legal  profession  in  the  mother  coun- 
try. A  traveller  from  New  England,  young,  gifted, 
patriotic,  an  inquisitive  student  alike  of  books  and 
of  political  institutions,  visited  the  Southern  Colo- 
nies at  this  time,  and  recorded  in  his  journal  an 
account  of  the  political  agitation  then  existing  in 
Maryland.     He  writes : 

"  I  spent  about  three  hours  in  company  with  the  cele- 
brated Daniel  Dulany  (author  of  the  '  Considerations'), 
the  Attorney-General  of  the  Province  [Edmund  Jen- 
nings], and  several  others  of  the  bar,  and  gentlemen  of 
the  Province.  Dulany  is  a  diamond  of  the  first  water, 
a  gem  that  may  grace  the  cap  of  a  patriot  or  the  turban 
of  a  sultan.  A  most  bitter  and  important  dispute,  is 
subsisting,  and  has  long  subsisted,  in  this  Province 
touching  the  fees  of  the  officers  of  this  colony,  and 
the  Governor's  proclamation  relative  thereto,  which  I 
have  in  print.  At  the  conference  of  the  two  Houses, 
the  dispute  was  conducted  with  good  sense  and  spirit, 
but  with  great  acrimony,  by  Daniel  Dulany  of  the  Coun- 
cil, and  the  Speaker,  Tillingham  [Tilghman],  of  the 
Lower  House.  The  same  dispute  is  now  kept  up  in  the 
public  papers  by  Daniel  Dulany  on  one  side,  and  Charles 
Carroll  of  Carrollton  on  the  other,  with  mutual  bitter- 
ness. 'I'he  signature  of  Dulany  is  '  Antillon,'  that  of 
Carroll  is  '  The  First  Citizen.'  Carroll  and  Dulany  are 
both  men  of  great  fortune."  ' 

'  "  Memoir  of  Josiah  (^uincy,  Junior,"  p.  100. 


I- 


All  hiflticntial  Con7iectio7i. 


103 


Charles  Carroll  began  his  rejoinder  to  the  Editor 
of  the  Dialogue  very  cleverly,  by  sarcastically  allud- 
ing to  the  latter's  incognito  as  injurious  chiefly  to 
the  writer  himself,  as  his  admirers  would  not  know 
where  to  bring  their  incense.  He  then  complains 
that  he,  the  "  First  Citizen,"  has  been  misrepre- 
sented, in  the  conversation  the  Editor  reports  himself 
as  having  overheard,  and  he  claims  the  right  to  give 
his  sentiments  in  his  own  language.  The  Dialogue 
is  then  taken  up,  and  the  Editor,  henceforward  be- 
comes identified  with  the  "  Second  Citizon."  This 
gentleman,  writes  Carroll,  evinces  a  singular  change 
in  his  principles.  What  has  happened  to  cause  it  ? 
Are  not  the  same  rulers  in  the  Province  now  as  in 
1765,  when  the  "  Second  Citizen  "  held  such  different 
views  as  to  their  wisdom  and  patriotism  ?  Or  is  it 
not  the  case  that  a  certain  family,  a  few  of  whom 
held  power  then,  wish  to  provide  ofifices  for  all  the 
rest  of  their  connection  ?  It  was  men  then,  not 
measures,  to  whom  the  patriot  of  the  Stamp  Act 
agitation  was  opposed. 

It  was  true  enough,  as  Charles  Carroll  had  stated, 
that  the  Mary]  uv  Government  had  been  for  years 
very  mudi  ii;  the  hands  of  one  family  connection, 
theTasker  ;  I'ladens,  and  Dulanys.  Daniel  Dulany's 
father-in-law,  Benjamin  Tasker,  had  t  °or  President 
of  the  Counc  ii  for  a  long  period  before  nis  death  in 
1767,  and  Dalany's  brother-in-law,  Col,  Benjamin 
Tasker,  Jr.,  who  died  in  1760,  was  also  of  the  Council, 
and  at  the  same  t'mc  Secretary  of  the  Province. 
The  ofifices  of  Commissary-General  and  Secretary 
became  almost   herediiary    "♦■'.   the  Dulany   family, 


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104         Charles  Ca^'roll  of  CarroUton. 

Col.  Tasker,  Sr.,  being  Commissary-General  in  an 
interval  between  the  two  Daniel  Dulanys,  father  and 
son,  and  now,  in  1773,  Walter  Dulany  held  this  place 
while  his  cousin  was  Secretary.  Mrs.  Daniel  Didany's 
mother,  the  wife  of  Benjamin  Tasker,  Sr.,  was  a 
Bladen,  niece  of  the  former  Governor  of  Maryland  ; 
and  the  present  Governor,  Robert  Eden,  who  came 
to  the  Province  in  1767,  while  he  had  married  Lord 
Baltimore's  daughter,  had  also  connected  himself 
with  the  Bladens,  as  this  lady  was  a  niece  of  Gover- 
nor Bladen's  wife.  So  that  many  ties  seemed  to 
bind  the  Dulanys  to  the  Government,  and  to  render 
it  dif^cult  for  one  of  them  to  antagonize  the  Execu- 
tive. 

A  little  further  on,  Charles  Carroll  quotes  frorr' 
Daniel  Dulany's  own  writings  in  support  of  the  ar- 
gument he  makes  against  him.  "  On  this  occasion," 
he  writes,  "  I  cannot  forbear  citing  a  sentence  or  two 
from  the  justly  admired  author  of  the  'Considera- 
tions,' which  have  made  a  deep  impression  on  my 
memory."  '  Dulany  had  said  then  that  in  a  question 
of  public  interest  the  opinion  of  no  Court  lawyer, 
however  respectable,  should  weigh  more  than  the 
reasons  adduced  in  support  of  the  point.  But  now 
he  seemed  to  think  that  the  opinion  of  the  Council 
in  England,  approving  of  the  Proclamation,  was  all- 
sufficient  to  establish  its  legality.  And  the  "  Eirst 
Citizen  "  goes  on  to  show  from  examples  in  history, 
how  Court  lawyers  have  often  betrayed  the  cause 
of  the  people,  and  that  "  Court  and  Country  inter- 
ests "  are  often  dissimilar,  though   they  should  be 

'  Appendix  A. 


The  ''^Independent  Whigs'' 


105 


identical.  A  wicked  minister,  he  asserts,  is  respon- 
sible for  a  violation  of  the  law  here  in  Maryland,  as 
had  often  been  the  case  in  England.  And  to  pre- 
serve their  own  salaries  from  diminution,  a  few  oflfi- 
cials  had  impaired  the  fortunes  of  all  the  rest  of 
their  countrymen. 

Adopting  the  maxim  of  the  British  Constitution, 
"  the  King  can  do  no  wrong,"  Carroll  gives  the 
blame  here  to  Governor  Eden's  advisers,  his  "  min- 
isters," and  so  adroitly  avoids  a  personal  charge 
against  the  Governor  himself.  To  the  contention 
that  ministers  are  as  much  concerned  in  the  preserva- 
tion of  the  public  liberties  as  other  people  in  a  com- 
munity, and  that  they  would  not  •'  engage  to  pull 
down  a  fair  and  stately  edifice,  with  the  ruins  of 
which,  as  soon  as  it  is  leveled  to  the  ground,  they 
and  their  families  are  to  be  stoned  to  death,"  the 
answer  is  one  of  wisdom,  and  of  warning,  for  all 
times  and  countries,  "  that  for  the  present  enjoy- 
ment of  wealth  and  power  liberty  in  reversion  will 
Lc  easily  given  up."  History  is  full  of  examples, 
writf^s  Carroll  of  this  melancholy  truth.  And  "  power 
is  apt  to  pervert  the  best  of  natures."  ' 

Tq  recognition  of  the  first  letter  of  Carroll,  there 
appeared  in  the  Maryland  Gazette  of  February  nth, 
a  letter  to  the  "  First  Citizen,"  thanking  him  for 
having  spoken  with  an  "  honest  freedom."  The 
writers  of  this  epistle  who  signed  themselves  "  Inde- 
pendent Whigs,"  add  their  condemnation  of  the 
Proclamation  ana  ics  defenders  to  that  of  the  "  First 
C'ti'zen,"  and  add :  "  We  had  for  a  long  time  impa- 

•  Ibid. 


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K.IJIB.I 


To6         Charles  Carroll  of  Carrolton. 


I       I 


s.  1 ;  * 


tiently  waited  for  a  man  of  abilities  to  step  forth, 
and  tell  our  darling  ministers  in  a  nervous  style  the 
evils  they  have  brought  upon  the  community."  ' 
Doubtless  Samuel  Chase  and  William  Paca  were 
among  these  **  Independent  Whigs,"  and  Chase  may 
have  been  the  writer  here.  "  Antillon,"  the  name 
now  assumed  by  the  "  Second  Citizen,"  in  answer- 
ing the  Whies,  alludes  sarcastically  to  the  "  First 
Citizen  "  as  j  >upil  of  St.  Omer's,  "  the  best  seminary 
in  the  univei  the  champions  for  civil  and  re- 

ligious liberty.'  Me  ridicules  the  maxim  quoted 
by  Carroll,  and  repeated  by  the  "  Independent 
Whigs,"  that  "  the  King  can  do  no  wrong,"  especially 
as  applied  to  a  colonial  governor.  A  card  then  ap- 
peared from  the  Whig  gentlemen,  solemnly  asserting 
that  the  "  First  Citizen "  "  was  and  is  totally  a 
stranger  to  our  signature,"  and  adding:  "If  he  has 
been  told  who  we  are,  treachery  alone  could  have 
communicated  the  information."  ' 

The  "  First  Citizen  "  in  his  second  letter  assures 
*'  Antillon  "  that  he  is  writing  without  collusion  with 
the  "  Independent  Whigs,"  and  does  not  know  who 
they  are,  but  he  takes  this  occasion  to  thank  them 
for  their  compliments.  In  his  first  letter,  Charles 
Carroll  had  compared  the  Proclamation  to  the  assess- 
ment of  ship  money  by  Charles  I.,  and  he  had  warned 
Governor  Eden's  minister  of  the  fate  of  that  mon- 
arch. He  reasserted  now,  in  reply  to  "  Antillon's  " 
palliating  statement  of  the  ship  money  controversy, 

'  Maryland  Gazette,  February  iltli,  1773. 
'  Ibid.,  February  i8th,  1773. 
3  Ibid.,  March  4th,  1773. 


n  i 


Governors  Ogle  and  Eden. 


107 


that  the  king's  conduct  would  admit  of  no  apology; 
and  while  the  assessment  "  was  a  more  open  and 
daring  violation  of  a  free  constitution,"  the  Procla- 
mation was  **  a  more  disguised  and  concealed  attack, 
but  equally  subversive  in  its  consequences,  of  lib- 
erty." He  relates  the  circumstances;  how  the 
Assembly,  fearing,  "  in  case  the  two  branches,  of  the 
Legislature  should  not  agree  in  the  regulation  of 
of^cers*  fees,"  that  the  Government  would  attempt 
to  establish  them  by  proclamation,  addressed  the 
Executive,  asserting  "  that  the  people  of  this  Prov- 
ince will  ever  oppose  the  usurpation  of  such  aright." 
And  the  Governor  in  his  reply,  November  20th, 
1770,  declared  in  effect  that  he  would  not  interpose 
in  the  matter,  yet  a  few  days  later,  on  the  26th,  he 
issued  the  Proclamation,  or  his  minister  did  it  in  his 
name. 

Daniel  Dulany  was  the  "minister"  against  whom 
Carroll's  attacks  were  directed,  as  it  was  the  general 
belief  that  it  was  by  his  advice  that  Governor  Eden 
had  issued  the  Proclamation.  The  accusation,  adds 
the  "  First  Citizen,"  "  will  not  appear  too  rash,  when 
we  reflect  on  the  abilities  of  the  man,  his  experience, 
his  knowledge  of  the  law  and  constitution,  and  his 
late  flimsy  and  pitiful  vindication  of  the  measure."  ' 
Dulany  knew  that  a  similar  Proclamation  in  1733 
**  had  agitated  and  disjointed  this  province  till  the 
year  1747."  Governor  Ogle,  as  "  Antillon "  ad- 
mitted, had  aroused  by  this  act  "  the  most  violent 
opposition  that  ever  a  Governor  of  Maryland  met 
with."     Then  what  he  had  decreed  as  the  Executive, 

'  Appendix  A. 


I 


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io8  diaries  Carroll  of  Carrollton. 


I'     !' 


'"Si 


he  in  his  office  of  Chancellor  determined  to  be  law- 
ful, making  himself  both  judge  and  party.  But, 
asked  Dulany,  did  Ogle  then  as  the  "  First  Citizen  " 
had  declared  of  such  offenders,  "  deserve  infamy, 
death,  or  exile."  *  "  No — not  quite  so  severe  a  pun- 
ishment, Antillon,"  responded  Carroll,  "  he  only 
deserved  to  be  removed  from  his  government,  if  he 
was  directed,  advised,  and  governed  by  such  a  min- 
ister as  thou  art." 

"  Antillon "  had  shown  "  excellent  reasoning, 
exquisite  w''-  and  humor  "  by  his  argument  that  if 
a  governor  was  king,  and  the  king  could  do  no 
wrong,  then  Governor  Eden  could  cut  the  throats 
and  pick  tn^  pockets  of  all  his  Maryland  subjects. 
But  the  "  First  Citizen  "  admitted  that  if  the  Gov- 
ernor, inspired  by  the  counsels  of  "  Antillon,"  should 
continue  to  oppose  the  wishes  of  the  people,  he 
"  should  be  one  of  those  who  would  most  heartily 
wish  for  his  removal."  He  then  describes  Governor 
Eden  in  these  words,  addressing  Dulany: 


"  I  know  the  man  ;  I  know  him  to  be  generous,  of  a 
good  heart,  well  disposed,  and  willing  to  promote,  if 
left  to  himself,  the  happiness  and  welfare  of  the  province, 
but  youthful,  unsuspicious,  and  diffident  of  his  own 
judgment  in  matters  legal  and  political,  failings  (if  they 
deserve  the  name)  that  have  caused  him  to  repose  too 
great  a  confidence  in  you^ 


And  animadverting  on  his  application  of  the  British 
maxim  before  quoted,  Charles  Carroll  says : 

^  Maryland  Gazette,  February  i8th,  1773. 


Min  isierial  Rcsponsihilit) '. 


109 


a 
if 


"The  Governor  is  improperly  called  the  King's  min- 
ister, he  is  rather  his  representative  or  deputy  ;  he  forms 
a  distinct  branch,  or  part  of  our  Legislature  ;  a  bill, 
though  passed  by  both  Houses  of  Assembly,  would  not 
be  a  law,  if  dissented  to  by  him  ;  he  has  therefore  the 
"^QssQxJoco  Rc^is,  of  dissenting  to  laws  ;  in  him  is  lodged 
the  most  amiable,  the  best  of  power,  the  power  of  mercy, 
the  most  dreadful  also,  the  power  of  death." 

The  maxim  "the  King  can  do  no  wrong,"  mean- 
ing that  on  his  ministry  responsibility  rests,  Carroll 
declares  admits  of  limitation,  and  instances  are  not 
wanting  in  history  where  this  limitation  is  recognized 
and  acted  upon.  "  Thus  James  the  Second,  by 
endeavoring  to  introduce  arbitrary  power,  and  to 
subvert  the  Established  Church,  justly  deserved  to 
be  deposed  and  banished."  Having  followed  '*  An- 
tillon  "  in  his  digression  and  "  hunted  him  through 
his  labyrinths,"  the  **  First  Citizen  "  returns  to  his 
subject,  the  Proclamation.  In  spite  of  the  protest 
made  against  it  beforehand,  it  came  out  "  cloathed 
with  the  specious  pretence  of  preventing  extortion 
in  officers."  In  a  subsequent  session  of  the  As- 
sembly it  was  denounced  as  "  illegal,  arbitrary,  un- 
constitutional, and  oppressive,"  and  the  *'  advisers  of 
the  said  Proclamation  "  were  declared  to  be  "  enemies 
to  the  peace,  welfare  and  happiness  of  the  Province, 
and  to  the  laws  and  constitution  thereof."  Carroll 
ridicules  '*  Antillon's  "  description  of  the  Proclama- 
tion as  a  "  restriction  of  the  officers  "  and  ^^ preve?ttive 
of  extortion,''  when  "  in  fact  it  ought  rather  to  be 
considered  as  a  direction  to  the  officers,  what  to  de- 
mand, and  to  the  people,  what  to  pay." 


I 
'I 


h. 


UH 


I  lo  Charles  Carroll  of  Carrollton. 


Common  sense  tells  the  people  that  the  avowed 
object  of  the  Proclamation  was  not  the  real  one.  And 
to  demonstrate  this  Carroll  introduces  a  dialogue  be- 
tween an  officer  and  a  citizen,  the  former  declaring 
that  if  the  fees  had  not  been  fixed  he  could  exact 
what  he  pleased,  and  it  would  not  be  extortion,  "  for 
there  must  be  some  established  measure  or  there 
can  be  no  excess."  The  citizen  bluntly  retorts  that 
this  may  be  good  law,  but  for  his  part  he  would 
simply  refuse  to  pay  what  he  considered  an  exorbi- 
tant demand,  and  if  the  officer  sued  him  a  jury  would 
determine  what  was  a  reasonable  recompense.  The 
Proclamation  as  "  Antillon  "  admitted  would  have  no 
power  to  fix  the  rates,  and  therefore  was  *'  not  preven- 
tive of  extortion,"  unless  its  legality  were  established 
by  the  courts.  The  "  First  Citizen "  pertinently 
asks  if  the  judges  or  a  jury  are  to  decide  the  matter, 
if  the  former,  they  might  be  both  judge  of  and 
party  to  the  case,  as  in  the  instance  of  the  Governor 
above  mentioned.  But  granting  that  the  judges 
have  the  right  to  do  so,  and  they  decide  the  Procla- 
mation to  be  legal,  the  effect  would  be  most 
pernicious: 

"  The  right  of  the  Lower  House  to  settle  fees  with  the 
consent  of  the  other  branches  of  the  Legislature,  a  right 
which  has  been  claimed  and  exercised  for  many  years 
past,  to  the  great  benefit  of  the  people,  would  be  rend- 
ered useless  and  nugatory.  The  old  table  of  fees, 
abounding  with  exhorbitances  and  abuses  wonld  ever 
remain  unalterable,  government  would  hold  it  up  per- 
petually, as  a  sacred  palladium,  not  to  be  touched  and 
violated  by  profane  hands." 


Cokes  Definition  of  Taxes, 


II I 


But  the  question  of  deciding  its  legality  should 
not  '"e  left  with  the  judges,  urges  Carroll ;  to  name 
but  one  reason,  because  the  Council  advised  the 
Executive  to  issue  the  proclamation,  and  three  of 
the  judges  are  members  of  the  Council.  The 
"  First  Citizen "  then  enters  into  an  argument  to 
prove  that  fees  settled  by  proclamation  are  taxes, 
quoting  from  Lord  Coke,  as  to  the  definition  of 
taxes  as  "a  charge  put  or  set  upon  any  man,  and 
new  officers  erected  with  new  fees." 


I 


i: 


\^ 


*'  So  rates  that  have  exjjired  by  law,  and  are  revived 
by  Proclamation  and  enforced  by  a  decree  of  the 
Chancellor  or  the  Provincial  Court,  are  in  fact  nciu  fccs^ 
and  not  those  fixed  originally  by  Act  of  Assembly.  The 
se'.tling  of  fees  and  the  imposition  of  taxes  are  powers 
belonging  to  the  representatives  of  the  people  acting  in 
conjunction  with  the  Executive  and  Upper  House. 
.  .  .  That  the  circumstances  of  the  province  are 
much  changed  since  the  enacting  of  [the  Inspection 
Law]  in  1747,  the  Proclamation  itself  evinces,  by  allow- 
ing planters  to  pay  the  fees  of  officers  in  money,  in  lieu 
of  tobacco,  which  alternative  has  considerably  lessened 
the  fees,  and  is  a  proof,  if  any  were  wanting,  that  they 
have  been  much  too  great." 


IV  i  v' 


t 


r 


A  further  reduction  of  fees  was  desired  by  the 
Lower  House,  and  opposed  by  the  Upper. 

"  One  would  imagine  that  a  compromise,  and  a  mutual 
departure  from  some  points  respectively  contended  for, 
would  have  been  the  most  eligible  way  of  ending  the 
dispute  ;    if  a  compromise  was  not  to  be  effected,  the 


ir 


ill 


I 


f 


!/i 


( 


1 1 2  Charles  Carroll  of  Carrolllou. 

matter  had  best  been  left  undecided  ;  time  and  necessity 
would  have  softened  dissention,  and  have  reconciled  jar- 
ring opinions  and  clashing  interests,  and  then  a  regula- 
tion by  law  of  officers'  fees,  would  have  followed,  of 
course.  What  was  done  ?  The  authority  of  the  Su- 
preme Magistrate  interposed,  and  took  the  decision  of 
this  important  question  from  the  other  branches  of  the 
Legislature  to  itself  ;  in  a  land  of  freedom  this  arbitrary 
exertion  of  prerogative  will  not,  must  not  be  endured." 

"  Antillon  "  had  said  that  if  fees  were  taxes  then 
only  the  Legislature  could  settle  them  ;  yet  they 
had  been  settled  in  England  by  the  separate  branches 
of  Parliament  and  by  the  Court  in  Westminster  Hall, 
and  in  Maryland  by  the  Upper  and  Lower  House, 
each  acting  alone.  Carroll  admits  that  such  was  the 
case  with  Parliament  **  by  a  right  derived  from  long 
usage,"  and  that  the  Assembly  was  modelled  on  that 
body,  but  as  to  the  Courts  in  Westminster  Hall — 
admitting  that  they  have  settled  fees  in  some  cases 
— they  have  never  settled  their  own  fees,  whereas 
in  Maryland,  by  the  Proclamation,  the  Commissary- 
General,  the  Secretary,  the  Judges  of  the  Land 
Office,  all  members  of  the  Council,  may  with  truth 
be  said  to  have  settled  their  own  fees.  So  the  Gov- 
ernor, in  his  office  of  Chancellor,  would  settle  his 
own  fees,  and  be  "judge  in  his  own  cause."  Com- 
paring a  British  precedent  brought  up  by  "  Antil- 
lon "  with  the  Maryland  case,  Carroll  says  :  "  The 
settlement  of  fees  by  order  of  the  Chancellor,  under 
his  majesty's  commission,  issued  pursuant  to  an  ad- 
dress of  the  House  of  Commons,  is  not,  1  will  own. 


' '  Ant  ill  on 's  ' '   IntvcncJi  mcnts. 


113 


us 


lie 
ler 


In, 


a  tax  similar  to  ship-monc)'.  Ikit  a  regulation  of 
fees  by  Proclamation,  contrary  to  the  express  declar- 
ation of  the  House  of  Burgesses,  is  very  similar 
thereto."  In  forcible  and  picturesque  language,  the 
*'  First  Citizen,"  near  the  close  of  his  letter,  thus  de- 
scribes his  adversary: 

"  Dismayed,  trembling  and  aghast,  though  skulking 
behind  the  strong  rampart  of  Governor  and  Council,  this 
'  Antillon  '  has  intrenched  himself  chin  dee])  in  prece- 
dents, fortified  with  transmarine  opinions  drawn  round 
about  him,  and  hid  from  publick  view,  in  due  time  to  be 
played  off  as  a  masked  battery,  on  the  inhabitants  of 
Maryland."  ' 

The  pupil  of  St.  Omer's  certainly  had  the  ad- 
vantage over  the  graduate  of  Cambridge  in  the  use 
of  clear  and  flexible  English.  Daniel  Dulany,  the 
learned  lawyer,  is  not  always  the  purest  writer.  In 
one  of  his  letters  he  says,  using  difficult  as  a  verb,  in 
this  following  Sir  William  Temple's  example, — "  I 
am  not  difficulted."  In  his  reply  to  Carroll's  let- 
ter of  March  nth  he  writes  of  the  "  First  Citizen's" 
assertion  that  **  Antillon's "  account  of  the  ship 
money  assessment  "  is  in  the  main  true,"  and  is  not 
impartial,  that  "  the  exility  of  the  insinuation  shall 
not  protect  the  principle  of  it,  nor  shall  coit-^i.ipt 
so  entirely  extinguish  indignation  as  to  hinder  me 
from  exposing  the  subdolous  attempt."  *  With 
much  cleverness,  but  with  too  many  personalities, 
Dulany  combats  the  propositions  of  the  "  First  Citi- 


'  Appendix  A. 

"  Maryland  Gazette,  April  Stli,  1773. 

VOL.  I.— 8 


: 


IV) 


i 


t 


t 


hi 


1  • 


.; 


1 14  Charles  Carroll  of  L'arrollton, 


zcn,"  ending  with  an  uii^^cncrous  taunt  as  to  Carroll's 
disfranchisement — warning  the  people  not  to  put 
any  trust  in  liim  where  their  "  civil  or  religious 
rights  "  may  be  concerned.' 

In  the  "First  Citizen's"  third  letter  he  begins 
with  a  quotation  as  a  heading  from  the  "  True 
Briton"  on  which  he  makes  a  commentary,  pointing 
the  moral  of  the  value  to  a  prince  of  a  worthy  min- 
ister, lie  quotes  from  Tacitus  on  the  character  of 
Sejanus,  and  notices  some  resemblances  between 
the  latter  and  "  Antillon."  lie  animadverts  upon 
Dulany's  allusions  to  his  antagonist's  character,  un- 
derstanding, personal  appearance,  and  his  "political 
and  religious  principles."  And  Carroll  adds  :  "  What 
my  speculative  notions  of  religion  may  be,  this  is 
neither  the  place  nor  time  to  declare;  my  political 
principles  ought  only  to  be  questioned  on  the  pres- 
ent occasion ;  surely  they  are  constitutional,  and 
have  met,  I  hope,  with  the  approbation  of  my  coun- 
trymen." "  Antillon  "  had  asked,  "  Who  is  this 
Citizen?"  And  Carroll  replies:  "A  man,  '  Antil- 
lon,' of  an  independent  fortune,  one  deeply  inter- 
ested in  the  prosperity  of  his  country ;  a  friend  to 
liberty,  a  settled  enemy  to  lawless  prerogative."  " 
Then  the  "  First  Citizen,"  after  the  controversial 
customs  of  the  time,  retaliates  on  "  Antillon,"  giv- 
ing personalities  in  return,  and  inveighing  with  per- 
haps pardonable  warmth  against  his  illiberal  foe. 

He  returns  to  the  charge  "  that  fees  are  taxes,  and 
that  the  settlement  of  them  by  Proclamation  is  arbi- 
trary and  illegal  " — two  points  he  believes  he  has 

'  Ibid,  *  Appendix  A. 


Shravd  Political  JMaxims. 


i'5 


:o 


as 


already  proved,  "  Aiitilloii  "  not  havIn<T  refuted  the 
arguments  lie  had  adduced.  lUit  the  "  l'"irst  Citi- 
zen "  [)r()cecds  to  cover  a}.jain  some  of  the  same 
ground,  brin^itiLj  out  new  ai)plications  of  his  former 
reasoning;,  dwelling  on  the  weak  places  of  "  Antil- 
lon's  "  pleas,  and  presenting  further  illustrations  in 
support  of  his  main  contention.  The  proclamation 
came  out  '*  cloathed  with  the  specious  and  i)retended 
neci;ssity  of  protecting  the  people  from  the  rapacity 
of  officers."  lint  this  very  circumstance,  considering 
the  character  of  the  minister,  was  likely  to  arouse 
suspicion.  And  Carroll  adds  these  shrewd  maxims, 
applicable  to  all  political  charters:  "Our  constitu- 
tion is  founded  on  jealousy  and  suspicion  ;  its  true 
spirit  and  full  vigor  cannot  be  preserved  without 
the  most  watchful  care,  and  strictest  vigilance  of 
the  representatives  over  the  conduct  of  administra- 
tion." '  The  "  First  Citizen  "  refers  to  the  similar 
controversy  between  the  Government  and  the  As- 
sembly in  1739,  and  quotes  from  the  records  of  the 
Council  at  that  period  to  show  that  "Antillon's" 
"  arguments  and  vindication  of  his  favorite  scheme  " 
were  the  same  in  substance  as  those  then  used. 

"  Antillon  "  had  taken  exception  to  the  "  First 
Citizen's  "  statement  in  connection  with  the  Revo- 
lution— that  it  had  "  rather  brought  about  than  fol- 
lowed King  James'  abdication  of  the  crown."  This 
Carroll  explains  in  the  following  words,  which  cer- 
tainly are  free  from  any  suspicion  of  Jacobitism  : 

"  James'  endeavors  to  subvert  the  establishment  of 
Church  and  State,  and  to  introduce  arbitrary  power,  oc- 

•  Ibid. 


t^'l! 


K 


1  * 


f<( 


!) 


N 


'i! 


Ii6  Charles  Carroll  of  Carrollton* 


\ 


i' 


casioned  the  general  insurrection  of  the  nation  in  vin- 
dication of  it's  liberties,  and  the  invasion  of  the  Prince 
of  Orange,  soon  afterwards  crowned  King  of  England, 
James,  dispirited  by  the  just  and  general  desertion  of 
his  subjects,  and  fearing  or  pretending  to  feai  violence 
from  his  son-in-law,  withdrew  from  the  kingdom  ;  his 
withdrawing  was  what  properly  constituted  his  abdica- 
tion from  the  crown  ;  his  tyrannical  proceedings  were 
the  cause  indeed  of  that  abdication,  and  voted,  together 
with  his  withdraiving,  an  abdication  of  the  government  ; 
till  that  event  the  Revolution  was  incomplete." 

No  one  but  **  Antillon,"  says  Carroll,  would  have 
seen  in  such  a  statement  any  slur  upon  the  Revolu- 
tion. The  "  First  Citizen,"  taking  up  the  argument 
again,  gives  '*  Antillon's  "  defence  of  the  Proclama- 
tion in  the  form  of  a  syllogism,  and  proceeds  to 
deny  the  major  premise  :  **  Taxes  cannot  be  laid  but 
by  the  Legislative  authority ;  but  fees  have  been 
laid  by  the  separate  branches  thereof ;  therefore  fees 
are  not  taxes."  '  Yet  admitting  the  major  premise 
in  a  narrow,  restricted  sense,  "  such  cases  as  are  war- 
rented  by  long,  immemorial,  and  uninterrupted 
usage  " — they  are  exceptions  to  the  general  rule. 
**  Antillon"  had  also  maintained  that  the  judges  in 
Westminster  Hall  had  settled  fees,  and  inferred 
from  this  that  the  Governor  of  Maryland  possessed 
a  similar  power.  But,  Carroll  argues,  even  if  it 
were  granted  that  the  assertion  was  exact,  the  in- 
ference would  be  illogical.  To  prove,  that  the  Mary- 
land Executive  had  such  a  power,  it  would  be 
necessary  to  show  "that  the  King  by  his  sole  au- 

'  Ibid. 


A  « 


Who  Pays  Fees  should  Fix  them.        1 1 7 

thority,  contrary  :o  the  express  declaration  of  the 
Commons,  has  settled  the  fees  of  ofificers  belonging 
to  the  courts  of  law  and  equity  in  Westminster 
Hall,  that  is,  hath  laid  new  fees  on  the  subject,  at  a 
time  when  they  were  no  longer  paid  out  of  the 
royal  revenue,  but  taken  out  of  the  pockets  of  the 
people." ' 

Carroll  discusses  the  assertion  of  "  Antillon " 
that  the  judges  had  settled  fees  in  England,  and 
says  it  was  done  on  such  occasions  *'  by  virtue  of  the 
King's  commission,  at  the  request  of  the  House  of 
Commons — but  it  was  without  the  sanction  of  a 
statute  and  was  no  precedent  for  the  present  case. 
The  King  had  originally  paid  all  his  officers  and  it 
was  but  following  out  the  spirit  of  the  English  Con- 
stitution "  that  he  who  pays  salaries  should  fix 
them."  The  judges  apparently  had  never  settled 
7iew  fees  by  their  sole  authority.  Carroll  quotes 
Coke  upon  Littleton,  and  Serjeant  Hawkins  in  sup- 
port of  his  position.  But  should  *'  Antillon  "  be 
right  this  can  make  no  difference  in  the  Maryland 
case.  The  Legislature  had  settled  fees  in  Maryland 
as  far  back  as  1638.  A  law  had  been  passed  on  this 
subject  at  that  period,  and  in  1692,  the  Lower  House 
had  expressly  denied  the  Governor's  authority  to 
settle  fees,  and  claimed  it  for  the  freemen  of  the 
province — a  claim  which  the  Executive  admitted. 
From  time  to  time  since,  the  claim  had  been  reas- 
serted by  the  Executive,  and  as  many  times  expressly 

:ure.     And  Carroll 


by 


-egii 


adds 


pertinently 


M 


\ 


V' 


f 

I) 


I 


ibtii. 


h 

1  ■"1 


1 1 8  Charles  Carroll  of  Carrollton. 

**  Precedents  drawn  from  the  mere  exercise  of  a  dis- 
puted authority,  so  far  from  justifying  the  repeated  exer- 
cise of  that  authority,  suggest  the  strongest  motive  for 
resisting  a  similar  attempt,  since  the  former  temporary 
and  constrained  acquiescence  of  the  people  under  the 
exertion  of  a  contested  prerogative  is  now  urged  as  a 
proof  of  its  legality."  ' 

The  "First  Citizen"  again  quotes  "A;  .(on" 
against  himself,  giving  a  passage  from  the  "  Consid- 
erations" in  support  of  the  point  he  has  just  made. 
'*  Antillon  "  should  not  assume,  as  Carroll  says,  that 
the  Proclamation  is  constitutional  because  its  legal- 
ity is  determinable  in  the  courts.  On  the  same 
principle  the  ship  money  asssessment  would  be  con- 
stitutional, for  the  majority  of  judges  did  actually 
so  decide  it,  and  a  decision  on  the  Proclamation 
might  be  just  as  fallacious.  Recapitulating  and 
summing  up  the  matter,  Carroll  says: 

*'  That  fees  are  taxes,  I  hope  has  been  proved  ;  but 
should  it  be  granted  that  they  are  not  taxes,  because  they 
have  been  settled  in  England  by  otlier  authority  than  the 
Legislature,  (which  I  do  not  admit,  if  by  a  settlement  of 
fees  under  the  authority  of  the  judges,  an  imposition  of 
new  fees  be  meant,)  still  I  contend,  that  a  settlement  of 
fees  in  this  Province  by  Proclamation  is  illegal,  and  un- 
constitutional, for  the  reasons  already  assigned." 

But  he  goes  on  to  add  new  reasons,  and  puts  the  sup- 
posititious case  of  a  similar  exercise  of  prerogative 
in  a  British  minister  against  the  expressed  will  of  the 
House  of  Commons,  and  asks  what  would   be  the 

'  Ibid. 


\ 


i^ 


Doctrines  of  a  Free  Country.  1 1 9 


consequence.  "  If  a  minister  should  be  found  daring 
enough  to  adopt  the  measure,  a  dismission  from 
office  might  not  be  his  only  punishment,"  and  he 
goes  on  to  detail  what  the  Commons  would  probably 
say  to  such  a  minister  in  the  way  of  trenchant  argu- 
ment and  scathing  rebuke.  And  returning  to  the 
case  in  hand,  he  asks.  What  will  the  people  of  Mary- 
land say  to  "  Antillon  "  ? 


i(    rr 


They  will  probably  tell  him,  you  advised  the  Procla- 
mation, with  you  it  was  concocted  in  the  Cabinet,  and  by 
yoti  brought  into  Council ;  your  artifices  imposed  on  the 
Board  and  on  the  Governor,  and  drew  them  into  an  ap- 
probation of  a  scheme  outwardly  specious  and  calculated 
to  deceive  ;  you  have  since  defended  it  upon  principles 
incompatible  with  the  freedom,  ease,  and  prosperity  of 
the  Province."  ^ 

The  settling  fees  by  proclamation  is  the  exercise 
of  an  arbitrary  will  taking  away  "  a  part  of  the 
people's  property  without  their  consent."  "Antil- 
lon "  had  not  only  made  the  Governor  responsible 
for  the  Proclamation,  but  he  tried  to  show  that  it 
had  met  with  the  approbation  of  the  King.  Of  this 
intimation  Carroll  asks,  "Was  it  to  intimidate,  and  to 
prevent  all  further  writing  and  discourse  about  the 
Proclamation?"  **  Antillon  "  had  affected  to  hear 
with  horror  Carroll's  brave  words:  "In  a  land  of 
freedom  this  arbitrary  exertion  of  prerogative  will  not, 
must  not  be  endured,"  and  to  declare  the  repetition 
of  them  dangerous.  But  the  "  First  Citizen  "  fear- 
lessly responds  :  "  In  a  free  country,  a  contrary  doc- 

'  Ibid, 


s 


S    v. 
1!  r 


^'1- 


\^ 


•r 


li 


I 


t 


ii 


\ 


)  ^ 


1 20  Charles  Carroll  of  Carrolllon. 

trine  is  insufferable ;  the  iriiin  who  dares  maintain 
it,  is  an  enemy  to  the  people."  After  defending 
himself  against  "  Antillon's  "  charges  of  unfairness 
in  his  citations,  and  referring  to  "Antillon's  "  person- 
alities, and  the  threat  of  religious  persecution  lying 
under  one  of  his  Latin  quotations,  Carroll  closes  his 
third  letter  with  a  citation  on  the  evils  to  be  appre- 
hended as  coming  to  his  fellow-citizens  and  to  his 
prince,  from  a  tyrannical  minister. 

In  his  fourth  and  last  letter,  the  "  First  Citizen  " 
gives  some  further  elucidation  of  his  answer  to 
"  Antillon's  "  argument,  **  that  fees  are  improperly 
styled  taxes,  because  they  have  been  settled  by  the 
separate  branches  of  the  Legislature,  which  only  can 
impose  a  tax."  '  "  It  is  true,  as  Carroll  admits,  that 
"  the  Lords  and  Commons,  and  the  Upper  and  Lower 
Houses  of  Assembly  have  each  separately  settled 
the  fees  of  their  respective  officers  by  the  particular 
usage  of  Parliament,  which  must  be  deemed  an  ex- 
ception to  the  general  law,  and  ought,  as  all  excep- 
tions, to  be  sparingly  exercised,  and  in  such  cases 
and  such  manner  only,  as  the  usage  will  strictly  war- 
rant." And  as  Carroll  adds:  "  Inconsistencies  in  all 
governments  are  to  be  met  with ;  in  ours,  the  most 
perfect  which  was  ever  established,  some  may  be 
found.  A  partial  deviation  from  a  clear  and  funda- 
mental maxim  of  the  constitution  cannot  invalidate 
that  maxim."  Coming  back  to  a  discussion  of  the 
meaning  of  old  and  new  fees,  the  "  First  Citizen  " 
says  :  "  The  question  therefore  is  now  reduced  to 
these   two    points,    First,      Has  not    government 

'  Ibid, 


Powers  of  Crown  and  Parliament.       1 2 1 

attempted  to  settle  the  rates  of  officers'  fees  by 
Proclamation,  secondly,  Are  not  foes  so  settled,  new 
fees?  If  they  are,  upon  'Antillon's'  own  principle, 
government  hath  no  right  to  settle  them."  In  re- 
gard to  the  alleged  power  of  the  judges  to  settle  fees 
Carroll  says  here  : 

"  It  has  been  already  noticed  that  the  authority  exer- 
cised by  the  judges  of  settling  fees,  that  is,  of  ascertain- 
ing the  ancient  and  legal  fees,  in  pursuance  of  a  commission 
issued  by  the  King,  on  the  address  of  the  House  of  Com- 
mons, is  very  different  from  the  authority  now  set  up, 
of  settling  fees  by  Proclamation,  issued  contrary  to  the 
declared  sentiments  of  the  Lower  House  of  Assembly  ; 
if  judges  in  this  province  may  settle  fees,  because  the 
judges  in  England  have  settled  them  in  the  manner 
above-mentioned,  where  was  the  necessity  of  settling 
fees  by  Proclamation  ? " 

But  leaving  English  precedents  out  of  the  question 
Carroll  goes  on  to  say  : 

"The  regulation  of  officers  fees  in  Maryland  has  been 
generally  made  by  the  Assemblies.  The  authority  of  the 
Governor  to  settle  the  fees  of  officers,  has  twice  only,  as 
we  know  of,  interposed,  but  not  then  without  meeting 
with  opposition  from  the  delegates,  and  creating  a  gen- 
eral discredit  among  the  people,  a  sure  proof  thai  it  has 
always  been  deemed  dangerous  and  unconstitutional."  * 

To  the  question  hov»  came  the  British  Parliament 
to  suffer  the  judges  in  England  to  exercise  a  power 
there  of  which   they  had  always   been   tenacious, 

>  IMd, 


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122  Charles  Carroll  of  Carrollton. 


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Carroll  says  the  answer  may  be  made  by  putting  the 
further  question  :  "  How  came  many  unconstitutional 
powers  to  be  exercised  by  the  Crown,  and  suffered 
by  Parliament?"  The  constitution  has  been  only 
gradually,  and  by  the  constant  efforts  of  patriots 
brought  to  its  existing  state  of  perfection.  "  Upon 
the  whole,  the  fabric  is  stately  and  magnificent,  yet 
a  perfect  symmetry  and  correspondence  of  parts  is 
wanting;  in  some  places  the  pile  appears  to  be  de- 
ficient in  strength,  in  others  the  rude  and  unpolished 
taste  of  our  Gothic  ancestors  is  discernible."  Carroll 
then  takes  an  historical  view  of  the  English  consti- 
tution, from  the  Saxon  period  and  the  Norman 
revolution,  down  to  his  own  time.  Under  Edward 
the  Sixth,  Mary,  and  Elizabeth,  says  Carroll,  "  the 
Parliaments  were  busily  engaged  in  modelling  the 
national  religion  to  the  Court  standard ;  their  ob- 
sequiousness in  conforming  to  the  religion  of  the 
prince  upon  the  throne,  at  a  time  when  the  nation 
was  most  under  religious  influence,  leaves  us  no 
room  to  expect  a  less  compliant  temper  in  matters 
of  more  indifference." 

Though  the  Parliaments  under  the  Tudors  were 
generally  compliant  *'  instruments  of  power,"  rather 
than  the  "  guardians  of  liberty,"  yet  under  Eliza- 
beth's wise  administration,  the  national  prosperity 
increased,  and  the  supremacy  of  law  was  more  fully 
recognized  as  dividing  allegiance  with  the  ipse  dixit 
of  an  arbitrary  sovereign  will. 

Carroll  notes  that  during  the  reign  of  Charles  the 
Second  "  Parliaments  were  sedulously  employed  in 
composing  the  disorders   consequent   on  the   Civil 


Officers  and  the  Proprietary, 


12% 


War,  healing  the  bleeding  wounds  of  the  nation, 
and  providing  remedies  against  the  fresh  dangers 
with  which  the  bigotry  and  arbitrary  temper  of  the 
King's  brother  threatened  the  constitution.  Since 
the  Revolution,"  he  adds,  "  Parliaments  have  relaxed 
much  of  their  ancient  severity  and  discipline. 
Gratitude  to  their  great  deliverer,  and  a  thorough 
confidence  in  the  patriotic  princes  of  the  illustrious 
house  of  Brunswick,  have  banished  from  the  majority 
of  those  Assemblies  all  fears  and  jealousies  of  an  un- 
constitutional influence  in  the  Crown."  The  "  First 
Citizen  "  concludes  this  subject  with  the  observation 
that  "  the  necessities  of  the  English  Kings,  which 
constrained  them  to  have  frequent  recourse  to  Par- 
liamentary aids,  first  gave  rise  to,  then  gradually  se- 
cured the  liberty  of  the  subject."  But  in  Maryland 
he  adds,  the  Government  is  almost  entirely  inde- 
pendent of  the  people,  therefore  is  it  the  more  im- 
portant for  the  latter  to  maintain  their  right  to 
provide  for  the  Government's  officers  by  legislative 
enactments,  to  which  Governor  and  Council  give 
the  final  seal  by  their  consent.     Otherwise 


"the  delegates  will  soon  lose  their  importance.  Gov- 
ernment will  every  day  gain  some  accession  of  strength  ; 
we  have  no  intermediate  state  to  check  its  progress  ;  the 
Upper  House,  the  shadow  of  an  ari  ^ocracy,  being  com- 
posed of  officers  dependent  on  tht  i'roprietary,  and  re- 
movable at  pleasure,  will,  it  is  to  be  feared,  be  subservient 
to  his  pleasure  and  command."  * 


!9 


Ibid. 


i\\ 


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if    *J!nT  ! 


124  Charles  Carroll  of  Carrollton, 

Carroll  thinks  a  change  should  be  made  in  the  con- 
stitution of  the  Council,  excluding  the  officers — 
Secretary,  Commissary-General,  and  Judges  of  the 
Land  Office  from  a  seat  in  the  Upper  House. 

The  "  First  Citizen "  then  gives  categorical  an- 
swers, twelve  in  number,  to  the  "  argumentative 
part "  of  his  adversary's  last  letter,  and  these  replies 
embrace  very  nearly  the  whole  of  the  remaining 
part  of  this  paper. 

In  the  course  of  these  counter  arguments,  Carroll 
thus  comments  sarcastically  on  Dulany's  personal 
position  in  the  pending  controversy.  "  Encomiums 
on  the  disinterestedness  of  officers,  and  censures  of 
some  obnoxious  members,  in  fact  of  the  whole 
Lower  House,  come  with  peculiar  propriety  and 
decorum  from  a  man  who  is  an  officer,  and  was 
particularly  levelled  at  in  the  spirited  and  patriotic 
resolves  of  that  House."  And  he  adds  these  wise 
reflections  on  the  causes  and  the  source  of  political 
liberty :  "  Not  a  single  instance  can  be  selected 
from  our  history  of  a  law  favorable  to  liberty  ob- 
tained from  government,  but  by  the  unanimous, 
steady,  and  spirited  conduct  of  the  people.  The 
Great  Charter,  the  several  confirmations  of  it,  the 
Petition  of  Right,  the  Bill  of  Rights,  were  all  the 
happy  effects  oi  force  and  necessity y 

In  his  seventh  answer  to  "  Antillon,"  comment- 
ing on  the  assertion  of  the  latter  that  the  Governor 
was  not  directed  by  the  majority  of  his  Council, 
"  they  having  no  authoritative  influence,"  Carroll 
thus  apostrophizes  the  young  Maryland  Executive. 
"  Oh  unsuspicious  Eden  !     How  long  wilt  thou  suffer 


Personalities  A  nsxvercd. 


125 


thyself  to  be  imposed  on  by  this  deceiving  man?" 
He  objects  to  the  hardship  that  charges  should  be 
levied  on  the  people,  "  without — nay,  against  the  con- 
sent of  their  representatives,"  that  some  officers  may 
enjoy  large  salaries,  with  little  work.  The  Secretary's 
office  (that  held  by  **  Antillon  ")  Carroll  considers  a 
sinecure,  "  yet  he  has  had  the  assurance  to  ask  a  net 
income  of  ^600  sterling  per  annum  to  support  his 
dignity."  On  the  subject  of  precedents  and  their 
value,  the  "  First  Citizen  "  justly  observes  : 

**  The  instances  mentioned  by  '  Antillon  '  of  fees  set- 
tled by  Proclamation  prove  only  the  actual  exercise  of 
an  unlawful  prerogative.  The  dangerous  use  which  lias 
so  often  been  made  of  bad,  should  caution  us  against 
the  hasty  admission  of  even  good  precedents,  which 
should  always  be  measured  by  the  principles  of  the  Con- 
stitution, and  if  found  the  least  at  variance,  or  inconsist- 
ent therewith,  ought  to  be  speedily  abolished." ' 

Here  follows  an  apposite  quotation  from  Dickin- 
son's letters  of  a  *'  Pennsylvania  Farmer,"  v/ith  a 
eulogistic  note,  from  Carroll  recommending  these 
papers  to  his  countrymen,  as  abounding  with  "  judi- 
cious observations,  pertinent  to  the  present  subject, 
and  expressed  with  the  utmost  elegance,  perspicacity, 
and  strength." 

Having  replied  to  "  Antillon's  "  arguments,  the 
"  First  Citizen  "  takes  up  the  personal  part  of  "  An- 
tillon's "  letter,  the  latter  having  still  insisted  that 
Carroll  had  "assistants and  confederates,"  and  "  silly 
as  my  productions  are,"  Carroll  adds  humorously, 

'  Ibid. 


i 


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i 


126  Charles  Carroll  of  Car rolllon. 

"  he  will  not  allow  mc  the  demerit  of  being  single 
in  my  folly."  To  the  accusation  that  he  is  influenced 
in  his  attacks  on  *' Antillon  "  by  "  envy  and  malice," 
the  "  First  Citizen  "  responds,  why  should  he  be 
accused  of  malice?  Has  "  Antillon  "  injured  him? 
The  "  suspicion  implies  a  consciousness  of  guilt." 
As  to  the  other  count  in  the  indictment,  Carroll 
replies  proudly :  "  What  should  excite  my  cwwy  ? 
The  splendour  of  your  family,  your  riches,  or  your 
talents  ?  I  envy  you  none  of  these,  even  your 
talents  upon  which  you  value  yourself  most,  and  for 
which  only  you  are  valued  by  others." 

Carroll's  liberal  views  find  remarkable  expression 
in  these  sentences,  in  relation  to  the  English  Revo- 
lution : 

"  That  the  national  religion  was  in  danger  under 
James  the  Second  from  his  bigotry,  and  despotic  temper, 
the  dispensing  power  assumed  by  him,  and  every  other 
part  of  his  conduct  clearly  evince.  The  nation  had  a 
ri^ht  to  resist^  and  so  secure  it's  civil  and  religious  liber- 
ties. I  am  as  averse  to  having  a  religion  crammed  down 
people's  throats  as  a  Troclamation.  These  are  my  politi- 
cal principles,  in  which  I  glory  ;  principles  not  hastily 
taken  up  to  serve  a  turn,  but  what  I  have  always  avowed 
since  I  became  capable  of  reflection.  I  have  not  the 
least  dislike  to  the  Church  of  England,  though  I  am  not 
within  her  pale,  nor  indeed  to  any  other  church  ;  knaves 
and  bigots  of  all  sects  and  denominations  I  hate  and 
despise.'" 

The  "  First  Citizen  "  retorts  with  manly  sarcasm 
to   Dulany's  unworthy   insinuation,  implied  in  the 

'  Ibid, 


(»  '• 


The  Tax  on  Tea. 


127 


words  quoted  from  him  :  "  Papists  arc  distrusted  by 
the  laws  and  laid  under  disabilities  "  : 


"  They  cannot,  I  know  (ignorant  as  I  am)  enjoy  any 
place  of  profit  or  trust,  while  they  continue  papists  ;  but 
do  these  disabilities  extend  so  far  as  to  preclude  them 
from  thinking  and  writing  on  matters  merely  of  a  jjolili- 
cal  nature?  *  Antillon  '  would  make  a  most  excellent  in- 
quisitor ;  he  has  some  striking  specimens  of  an  arbitrary 
temper,  the  first  reiiuisite.  He  will  not  allow  me  freedom 
of  thought  or  speech." 

The  last  shaft  of  the  "  First  Citizen  "  is  a  retort 
on  Dulany's  declaration  that  he  does  not  believe 
him  to  be  "a  man  of  honor  or  veracity."  To  this 
Carroll  replies  : 

"  It  gives  me  singular  satisfaction  that  you  do  not,  for 
a  man  destitute  of  one^  must  be  void  of  the  othei-^  and 
cannot  be  a  judge  of  cither.  Your  mode  of  expression, 
which,  in  general  is  clear  and  precise,  in  this  instance 
discovers  a  confusion  of  ideas,  to  which  you  are  not  often 
liable  ;  but  you  have  stumbled  on  a  subject  of  which  you 
have  not  the  least  conception.  .  .  .  Honor,  or  ver- 
acity ?  Are  they  then  distinct  things  ?  Do  you  imagine 
that  they  can  exist  separately  ?  No,  they  are  most  in- 
timately connected  :  who  wants  veracity  wants  principle^ 
honour,  of  course,  and  resembles  *  Antillon.'  "  ' 

Dulany's  attempt  to  "  rekindle  extinguished  ani- 
mosities," or  to  fan  into  a  flame  dormant  prejudices 
against  the  Roman  Catholics,  is  nobly  rebuked  by 
Carroll  in  the  magnanimous  sentiment,  spoken  for 

'  Ibid. 


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1 28  CJiarlcs  Carroll  of  Car  roll  ton. 

himself  and  liis  co-religionists,  Mcminimns  ct  ignosci- 
inns — '*  Wc  remember  and  forf;ive." 

Tlie  "  thorouj^di  confidence  in  the  patriotic  princes 
of  the  illustrious  house  of  IJrunswick,"  had  tjiven 
place  less  than  a  year  later  to  "  fears  and  jealousies 
of  an  unconstitutional  influence  in  the  Crown."  And 
in  1774,  America  was  on  the  eve  of  a  Revolution.  The 
troubles  of  1765  were  revived  by  the  tax  on  tea  which 
met  with  a  {general  resistance  throu^diout  the  colonies. 
And  the  action  of  the  citizens  of  l^oston  in  Decem- 
ber, 1773,  in  destroying  the  shiploads  of  this  com- 
modity sent  there,  which  brought  upon  them  the 
vengeance  of  the  Government,  in  the  passage  of  the 
Boston  Port  Bill,  forced  matters  to  a  crisis.  In 
Maryland  the  sentiment  against  the  obnoxious  duty 
was  as  strong  as  in  any  other  colony,  and  when  some 
Scotch  merchants  of  Annapolis  braved  public  feeling 
by  accepting  a  consignment  of  tea  and  actually  pro- 
posed to  land  it  at  the  Maryland  capital,  the  indig- 
nation and  excitement  in  the  small  metropolis  knew 
no  bounds.  The  citizens  had  recently  adopted  a 
Non-Importation  Agreement  pledging  themselves 
neither  to  import  nor  to  pay  duties  on  tea.  Yet 
Mr.  Anthony  Stewart,  proprietor  of  the  brig  Peggy 
Stcivart,  one  of  the  signers  of  this  paper,  unmindful 
of  his  pledges,  had  paid  the  duties  on  seventeen 
packages  of  tea  which  were  brought  from  Lon^l  ' 
on  his  vessel,  consigned  to  a  firm  of  Annapolis 
chants,  Thomas  Charles  Williams  &  Company.  he 
ship  arrived  on  the  15th  of  October,  1774,  and  a 
meeting  of  the  citizens  was  immediately  called  to 
investigate  the  matter -and  punish  the  tran  pressors. 


'  i 


» 


Burnincr  of  iJic  Peggy  Stewart.  1 29 


A  committee  was  appointed  to  prevent  the  landing 
of  tlie  forbidden  carjro,  and  another  general  meeting 
called  for  Wednesday  the  19th  of  October,  at  which 
the  sense  of  the  community  would  be  fuUy  made 
known,  on  the  course  to  be  pursued.  Mr.  Stewart 
hastened  to  exonerate  himself,  in  a  handbill  distribu- 
ted to  the  citizens.  Captain  Jackson,  who  com- 
manded the  brig,  made  an  affidavit  that  he  knew 
nothing  of  the  tea's  being  on  board  until  just  as 
he  was  leaving  England,  when  it  was  too  late  to  return 
it.  Mr.  Stewart  acknowledged  his  error  in  paying 
the  duty,  having  done  it,  he  explained,  to  enable  the 
captain  to  land  the  fifty-three  people  who  had  been 
three  months  on  shipboard,  the  vessel  moreover 
being  leaky  adding  to  their  discomfort. 

At  the  meeting  on  the  19th,  which  was  largely  at- 
tended, James  atul  Jose[)h  Williams  and  Anthony 
Stewart  read  their  confession  and  apology,  a  paper 
prepared  for  them  by  the  committee,  in  which  in 
humble  terms  they  admitted  they  had  been  guilty 
of  a  "daring  insult,  an  act  of  the  most  pernicious 
tendency  to  the  liberties  of  America,"  the  Williamses 
in  importing,  and  Stewart  in  paying  duty  on  the  tea. 
They  asked  pardon  for  their  offence  and  made  solemn 
promises  for  the  future,  closing  in  these  words  : 

"  And  to  show  our  desire  of  living  in  amity  with  the 
friends  of  America,  we  request  this  meeting,  or  as  many 
as  may  choose  to  attend,  to  be  present  at  any  place  where 
the  people  shall  appoint,  and  we  will  there  commit  to  the 
flames  or  otherwise  destroy,  as  the  people  may  choose, 
the  detestable  article  which  has  been  the  cause  of  this 
our  misconduct," 

VOL.  I.— g 


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1 30  Charles  Carroll  of  Carrollton. 


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Anthony  Stewart  then  offered,  by  the  advice,  it  is 
said,  of  Charles  Carroll  of  Carrollton,'  to  burn  the 
brig  also,  as  the  destruction  of  the  tea  alone  would 
only  punish  its  owners,  and  Stewart  who  was  regarded 
as  the  chief  offender  would  go  scot  free.  And  Stew- 
art was  assured  that  only  by  such  a  sacrifice  could 
he  reinstate  himself  in  public  favor.  With  his  own 
hand,  therefore,  he  fired  the  vessel,  the  fair  Scotch 
Peggy,  his  daughter,  for  whom  the  ship  was 
named,  sitting  on  the  piazza  of  her  father's  house, 
according  to  tradition,  and  watching  the  work  of 
destruction. 

Not  long  afterwards,  at  an  entertainment  given  by 
Lloyd  Dulany,  who  had  returned  to  Maryland  and 
was  living  in  Annapolis,  the  punch  was  brewed  in  a 
handsome  silver  bowl  the  guests  had  never  seen 
before.  Their  host  explained  that  it  had  been 
brought  over  in  the  Peggy  Steivart,  sent  to  him  by 
a  friend  in  England,  and  placed  by  Captain  Jackson 
in  his  cabin,  with  his  own  private  property.  Charles 
Carroll  of  Carrollton  was  present  among  the  com- 
pany assembled,  and  smilingly  responded  to  Du- 
lany's  account :  "  We  accept  your  explanation, 
provided  the  bowl  is  used  to  draw  always  this 
same  kind  of  tea." "  This  historic  bowl  is  still  pre- 
served,  one  of  the  relics  of  the  "Ancient  City"  by 
the  Severn. 

Maryland,  in  the  burning  of  the  Peggy  Stnvart 
and    her   cargo,   here   made   her  own    spirited   and 

•  McMahon's  "  History  of  Maryland,"  p.  409.    Ridgeley's  "  Annals 
of  Annapolis,"  p.  1G2. 

'  Riley's  "  History  of  Annapolis,"  p.  309. 


if 


t    I ;, 


■i> 


1  he  Conti)ic7ital  Conoress. 


131 


picturesque  protest  against  the  doctrine  of  taxa- 
tion Nvithout  representation,  and  Charles  Carroll 
of  Carrollton  is  seen  to  have  been  a  prominent 
figure  on  the  occasion.  Mindful  of  the  value  of 
such  an  object-lesson  to  her  children,  Maryland 
holds  in  honor  now,  among  her  State  holidays,  the 
19th  of  October,  which  has  a  place  in  her  calendar 
as  ''  Peggy  Stewart's  Day." 

The  Continental  Congress  met  in  Philadelphia 
in  the  fall  of  1774,  an  event  of  great  interest  to  all 
Americans.  The  delegates  from  Maryland  were 
Matthew  Tilghman,  Thomas  Johnson,  Robert 
Goldsborough,  William  Paca,  and  Samuel  Chase. 
Among  the  visitors  who  were  drawn  thither  by 
the  spectacle  was  Charles  Carroll  of  Carrollton." 
"This  day,"  wrote  John  Adams  in  his  diary  for 
September  14th, 

"  Mr.  Chase  introduced  to  us  a  Mr.  Carroll  of  Annap- 
olis, a  very  sensible  gentleman,  a  Roman  Catholic,  and 
of  the  first  fortune  in  America.  His  income  i.s  ten 
thousand  pounds  sterling  a  year  now,  will  be  fourteen 
in  two  or  three  years,  they  say  ;  besides  his  father  has 
a  vast  estate  which  will  be  his  after  his  father." ' 

On  the  25th  of  May,  1774,  there  had  been  a 
meeting  of  the  citizens  of  Annapolis  to  express 
their  sympathy  with  Boston  on  the  closing  of  her 
port  by  the  British  authorities,  and  a  committee 
was  then  appointed  to  join  with  Baltimore  and 
other   parts    of    the    Province    in   forming  a   Non- 

•  Works  of  John  Adams,  vol.  ii.,  p.  380. 


I 


\1 


\ 


m 


mx 


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i  I 


132  Charles  Carroll  of  Carrollton. 

Importation  Association.  The  first  Maryland  Con- 
vention, which  met  in  June,  appointed  delegates 
to  the  Continental  Congress.  And  in  October,  as 
has  been  seen,  the  "  Peggy  Stewart  "  incident  had 
been  the  outcome  of  the  violation  of  the  Associa- 
tion pledges.  Charles  Carroll  of  Carrollton,  who 
had  no  doubt  been  present  at  the  town  meeting 
of  May  25th,  and  was  conspicuous  in  the  October 
affair,  weis  also  prominent  at  a  large  assemblage 
of  the  inliabitants  of  Anne  Arundel  County  and 
the  city  of  Annapolis,  which  met  at  the  latter 
place,  November  9th,  1774.  Forty-four  persons 
were  there  named  a  Committee  for  the  County 
and  City,  to  carry  into  execution  the  resolves  of 
Congress  against  imports  and  exports.  Charles 
Carroll  of  Carrollton  was  appointed  one  of  this  com- 
mittee, and  any  seven  of  them  had  power  to  act  for 
the  whole. 

He  was  also  named,  with  six  other  gentlemen, 
a  member  of  the  Committee  of  Correspondence 
for  the  county  and  city,  and  was  associated  here 
with  Samuel  Chase,  William  Paca,  and  Thomas 
Johnson.  It  was  then  resolved,  "that  the  gentle- 
men appointed  to  represent  the  county  and  city 
in  the  late  Provincial  Convention,  together  with 
Charles  Carroll  of  Carrollton,  ought  to  attend  the 
next  provincial  meeting  on  the  20th  instant,  and 
have  full  power  to  represent  the  county  and  city."  * 
Sweeping  aside  the  outworn  and  invidious  limita- 
tions that  had  hitherto  prevented   Charles    Carroll 

'  Riley's  "  History  of  Annapolis,"  p.  170. 


i 


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Entrance  into  Public  Life.  133 

as  a  ''  Papist  "  from  holding  a  seat  in  the  Assembly, 
his  fellow  citizens  now  forced  their  champion  and 
favorite  to  the  front,  to  begin  his  many  years 
of  conscientious  and  conspicuous  service  in  their 
behalf. 

The  Convention  met   November  21st,  remaining 
in  session  until  the  25th.     The  Maryland  delegates 
to  the  Congress  submitted  the  proceedings  of  that 
body  to  the  Convention,  and  the  latter  pledged  its 
faith  afresh  to  carry  out  the  resolutions  of  the  Con- 
federate  Colonics.     As  the   counties   were   not  all 
represented,  the  Convention  adjourned  to  meet  again 
the  8th  of  December.     Its  numbers  had  been  aug- 
mented    from    fifty-seven    to    eighty-five    deputies, 
when    it  was    called    together    in    December;    and 
at  this  time  it    passed    those   spirited    and    caustic 
resolves  on  the  subject:  of  arming  the  militia,  which 
were  in  a  part  of  their  phraseology  copied  by  some 
of  the  Virginia  patriots,  and  re-echoed  by  Patrick 
Henry  in  the  Virginia  Convention.  ' 

Meeting  again  in  December,  the  Convention  ap- 
pointed a  Provincial  Committee  of  Correspondence, 
and  Charles  Carroll  of  Carrollton  was  made  a  mem- 
ber of  it.  The  six  others  on  the  committee  were 
Charles  Carroll,  barrister,  Matthew  Tilghman,  John 
Hall,  Samuel  Chase,  Thomas  Johnson,  and  William 
Paca.  The  last  five  named  were  appointed  delegates 
to  Congress  for  the  coming  year,  Robert  Golds- 
borough  was  reappointed,  and  Thomas  Stone  was 
added    to    the    delegation.      The    Convention    met 

'  Jouriuil  of  the  Convention  ;   Maryland  Archives,   i.,  1254. 


'■   \ 


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134  Charles  Carroll  of  Car i'ollto7i. 


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next  time  in  April,  1775,  one  hundred  members 
answering  to  the  roll-call.  While  declaring  their 
unaltered  allegiance  to  George  III.,  the  Maryland- 
ers  renewed,  on  this  occasion,  their  provisions  for 
the  regulation  of  the  militia,  and  the  news  of  the 
battle  of  Lexington,  received  in  letters  from  the 
North,  warned  them  that  the  Revolution  had 
reached  the  stage  of  armed  resistance.' 

In  the  meantime  the  Anne  Arundel  County  Com- 
mittee of  Observation  was  busy  keeping  the  town 
and  county  faithful  to  the  prohibitions  of  Congress 
and  Convention.  On  the  28th  of  June,  seven  of  the 
Committee,  with  Charles  Carroll  of  Carollton  presid- 
ing, met  to  consider  the  case  of  a  certain  Ceiptain 
Henzell  of  the  sh'p  Adventtire,  who  had  arrived  at 
Annapolis  with  a  cargo  of  porter,  cheese,  and  coal, 
and  seventy  passengers,  including  servants.  Captain 
Henzell  testified  that  he  had  intended  to  stop  at 
Madeira,  and  sell  his  goods  there,  but  had  been  pre- 
vented by  unfavorable  winds.  The  Committee 
refused  to  allow  him  to  land  his  merchandise,  but 
permitted  him  to  put  his  passengers  ashore." 

At  the  session  of  the  Maryland  Convention,  be- 
ginning July  26th  and  ending  August  14th,  1775, 
there  were  present  a  hundred  and  forty-one  members, 
Anne  Arundel  County  sending  nine  delegates,  both 
Charles  Carroll,  barrister,  and  Charles  Carroll  of 
Carrollton  being  among  the  number.  The  first  act 
of  this  Convention  was  to  adopt  the  "  Association 


'!■! 


'  Journal  of  Maryland  Convention. 

'  Riley's  "  History  of  Annapolis,"  p.  176. 


!  r! 


"iii\ 


Rcvobitioiiary  Conventions. 


135 


/ 


of  the  Freemen  of  Maryland,"  which  was  to  be 
signed  by  all  the  members,  and  by  the  freemen  of 
the  province  generally.  This  paper,  which  recited 
the  wrongs  of  the  colonies,  and  approved  "  of  the 
opposition  by  arms  to  the  British  troops  employed 
to  force  obedience  to  the  late  acts  of  Parliament," 
pledged  the  Association  to  support  an  armed  resist- 
ance to  Great  Britain  in  the  present  crisis,  as  well  as 
the  measures  restraining  commerce  with  the  mother- 
country  which  Congress  had  adopted.  The  declara- 
tion of  the  Associators  then  became  the  charter  of  the 
colony,  until  supplanted  by  the  Constitution  of  1776. 
It  sketched  a  military  system,  one  feature  of  which 
was  the  enlistment  of  forty  companies  of  minute- 
men  ;  it  put  the  executive  power,  during  the  recess 
of  the  Convention,  into  the  hands  of  a  Committee 
of  Safety  ;  and  it  provided  for  the  expenses  of  the 
Province  by  the  issue  of  paper  money.' 

On  Thursday,  the  27th  of  July,  a  committee  was 
appointed  consisting  of  nine  of  the  most  promi- 
nent members  of  the  Convention,  the  two  Carrolls 
being  among  them,  to  "  consider  the  ways  and 
means  to  put  this  province  into  the  best  state  of 
defence."  The  Committee  of  Safety,  appointed  on 
the  last  day  of  the  session,  consisted  of  eight  mem- 
bers from  the  Eastern,  and  eight  from  the  Western 
Shore.  These  last  were  Daniel  of  St.  Thomas 
Jenifer,  Thomas  Johnson,  William  Paca,  Charles 
Carroll,   barrister,    Thomas   Stone,    Samuel   Chase, 


M 


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i-i 


,  «  ,1 


'  Journal  of  the  Convention.  The  original  manuscript  of  the 
"Association  of  the  Freemen  ot  Maryland"  (a  part  of  it  missing)  is 
preserved  under  a  glass  case  at  the  State  House,  Annapolis. 


Ji 


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1 36  Charles  Carroll  of  Carrollton, 

Robert  Alexander,  and  Charles  Carroll  of  Car- 
rollton.' 

Charles  Carroll  Sr.  writes  to  his  son,  presumably 
from  "  Doughoregan  Manor,"  August  4th,  giving  a 
few  items  of  public  interest,  showing  on  what  sub- 
ject men's  thoughts  were  bent :  **  I  have  a  letter  of 
this  day  from  Mr.  Lux.  He  says  400  barils  of  gun- 
powder are  come  to  Philadelphia,  800  do.  to  New 
York.  The  saltpetre  work  at  Philadelphia  goes  on 
well ;  they  expect  to  have  30  tons  ready  by  Jan- 
uary. 

The  citizens  of  Anne  Arundel  County  and  the 
City  of  Annapolis  met  on  the  12th  of  September, 
1775,  with  Charles  Carroll,  barrister,  in  the  chair, 
and  a  Committee  of  Observation  for  the  town  and 
county  was  appointed  for  one  year,  consisting  of 
thirty  persons,  of  whom  Charles  Carroll  of  Carroll- 
ton  was  one.  He  was  also  elected  one  of  the  depu- 
ties to  represent  the  county  in  the  Convention  for 
one  year  ;  and  with  six  others  he  was  to  be  of  a 
committee  to  license  suits  in  the  county,  for  the 
same  period.  His  name  comes  first  on  the  Com- 
mittee of  Corrc-;pondcnce  appointed  for  the  county, 
for  the  ensuing  twelve  months." 

It  will  be  seen  that  Charles  Carroll's  work,  as 
mapped  out  for  him  at  this  time,  called  for  a  full 
surrender  of  his  talents  and  energies,  as  a  member 
of  the  Provincial  Convention,  and  Provincial  Coun- 
cil of  Safety,  and  of  three  important  committees  in 

'  Journal  of  the  Convention,  Archives  of  Maryhmd,  vol  xi. 

"  Wisconsin  Historical  Society. 

^  Riley's  "  History  of  Annapolis,"  p.  176. 


In  the  Council  of  Safety,  137 

his  own  county.     The  Council  of  Safety  was  in  ses- 
sion,  at  intervals,  from  August   29th  to  November 
29th,  1775.     They  took  into  consideration  proposals 
for  erecting  a  powder  mill,  salt  and  saltpetre  works, 
and  for  the  manufacturing  of  arms.     On  one  day 
they  contracted  for  650  "musquets"   to  be  made 
in    "Frederick     Town,"    and    500   in    ''Baltimore 
Town."     Then   there  were  cartouche  boxes,  bayo- 
nets,  and  other  paraphernalia  of  war  to  be  procured 
for  the   Maryland  soldiery.     A  letter  from  Charles 
Carroll  of  Carrollton  to  Daniel  of  St.  Thomas  Jeni- 
fer then  in   Baltimore,  of  the   loth  of  September, 
shows  him  sharing  the  responsibility  with  William' 
Paca  of  sending,  on  their  own  authority,  powder  to 
the  frontier,  where  the  inhabitants  were  in  alarm  at 
the  approach  of   the  Indians.     Of  the  necessity  of 
this  informal  action  he  writes  : 

"  I  am  sensible  this  manner  of  proceeding  is  not  quite 
regular,  but  it  would  be  a  great  loss  of  time  to  call  to- 
gether the  Council  of  Safety,  and  if  we  should  agree 
separately  to  what  we  should  agree  if  collected  together, 
the  difference  is  not  material  ;  at  this  critical  juncture] 
and  as  the  exigency  seems  pressing,  we  must  not  stand 
too  much  in  form."  ' 


I 


The  following  letter  from  Charles  Carroll  of 
Carrollton  to  General  Washington,  who  had  been 
in  command  of  the  Continental  Army  since  the  15th 
of  June,  was  written  to  introduce  "  Mr.  Key."     This 


I 
the 


Maryland  Archives,  vol.  xi.,  "Journal   and  Correspondence  of 
Council  of  Safety." 


\  ■ 


3\ 


i] 


138  Charles  Carroll  of  Carrollton. 

gentleman  was  probably  John  Ross  Key  of  Fred- 
erick County,  a  nephew  of  Edmund  Key,  and  a 
lieutenant  of  a  Maryland  Rifle  Company  which  went 
to  Boston  in  this  year.  He  was  the  father  of 
Francis  Scott  Key. 

Annapolis,  26th  September,  1775. 

Sir, 

At  the  request  of  the  bearer  Mr.  Key,  T  have  presumed 
to  trouble  you  with  this  letter,  to  introduce  to  your  notice 
and  countenance,  that  young  gentleman,  wlio,  I  flatter 
myself  will  endeavour  to  deserve  your  good  opinion  and 
favour.  Should  hostilities  be  suspended,  and  a  negotia- 
tion take  place  this  winter,  I  hope  to  have  the  pleasure 
of  seeing  you  in  this  city  on  your  way  to  Virginia.  If  a 
treaty  is  but  once  set  on  foot,  I  think  it  must  terminate 
in  a  lasting  and  happy  peace  ;  an  event,  I  am  persuaded, 
you  must  earnestly  desire,  as  every  good  citizen  must,  in 
which  number  you  rank  foremost  ;  for  who  so  justly 
deserving  of  that  most  glorious  of  all  titles,  as  the  man 
singled  out  by  the  unanimous  voice  of  his  country,  for 
his  love  and  attachment  to  it,  and  great  abilities,  and 
placed  in  a  station  of  the  most  exalted  and  dangerous 
prominence.  If  we  cannot  obtain  a  peace  on  safe  and 
just  terms,  my  next  wish  is,  that  you  may  extort  by  force 
from  our  enemies  what  their  policy  and  justice  should 
have  granted,  and  that  you  may  long  live  to  enjoy  the 
fame  of  the  best — the  noblest  deed — the  defending  and 
securing  the  liberties  of  your  country. 

I  am  with  the  greatest  esteem  Sir, 

Your  most  obedient,  humble  servant, 

Charles  Carroll  of  Carrollton. 

P.  S.  I  desire  my  most  respectful  compliments  to 
Generals  Lee  and  Gates.     I  should  have  done  myself 


•J 


Letter  to  General  Washingion.         139 

the  pleasure  of  writing  to  the  former  by  this  opportunity 
but  that  T  know  he  has  other  things  to  do  than  to  read  let' 
ters  of  mere  compliment— this  city  affords  nothing  new.' 

•  MS  :  Letter.  Dr.  Robert  A.  Emmet.  This  letter  was  taken  l,y 
Jared  Sparks  from  the  Washington  MSS  : ,  and  given  by  him  to 
someone  .n  England.  See  facsimile  in  the  Ma.a.inc  of  L^uan 
J/isto/y,  vol.  xxii,  p.  353. 


. 


I 


fil; 


II  hi' 


P3 


CHAPTER   V. 


THE   MISSION   TO   CANADA. 
1775    1776. 

THE  Council  of  Safety  met  at  Chester  Town  in 
Kent  County,  on  tlie  20th  of  October,  1775, 
and  Charles  Carroll  of  Carrollton  was  among  the 
ten  members  present.  Samuel  Chase  wrote  to  the 
Council  the  1st  of  November,  transmitting  papers 
from  Congress,  and  copies  of  them  were  to  be  sent 
to  the  Committee  of  Observation  in  each  county. 
The  Convention  met  again,  Thursday,  December 
7th.  The  Anne  Arundel  County  delegates  were 
Charles  Carroll,  barrister,  Thomas  Johnson,  Samuel 
Chase,  and  Charles  Carroll  of  Carrollton.  On  the 
13th  a  committee  of  five  was  appointed,  with 
Charles  Carroll  of  Carrollton  as  its  chairman,  *'  to 
devise  ways  and  means  to  promote  the  manufacture 
of  saltpetre."  A  report  from  this  committee  was 
brought  in  on  the  26th,  elaborating  a  plan  for  a 
saltpetre  manufactory  in  every  county,  and  one 
general  refinery  where  all  the  saltpetre  could  be 
taken  to  be  purified,  while  a  powder  mill  was  to  be 

140 


■■  1 


Provision  for  Raising  Troops.  1 4  r 


erected  in  which  the  saltpetre  was  to  be  made  into 
gunpowder. 

Tlic  Convention,  on  the  ist  of  January,  1776,  re- 
ported resolutions  to  put  the  province  in  a  state  of 
defence.  Of  the  force  of  over  one  thousand  four 
hundred  men  which  was  to  be  raised,  eight  compa- 
nies were  to  he  formed  into  a  battalion,  and  the  rest 
were  to  remain  in  companies  of  one  hundred  each. 
Two  committees  were  appointed,  one  intrusted  with 
the  raising,  clothing  and  victualling  the  forces, 
and  the  otlier  charged  with  the  work  of  formulating 
the  rules  for  their  government.  Charles  Carroll  of 
CarroUton  was  one  of  the  five  appointed  on  the  last 
named  committee.  On  the  5th  of  January,  the 
committee  which  had  been  named,  December  29th, 
to  prepare  instructions  for  the  delegates  in  Congress 
brought  in  their  report.  As  it  was  finally  passed  on 
the  nth  of  January  the  report  instructed  the  Mary- 
land delegates  "  to  disavow,  in  the  most  solemn 
manner,  all  design  in  the  colonies  of  independence." 
It  is  known  that  Charles  Carroll  of  CarroUton 
strongly  opposed  the  position  here  taken  by  Mary- 
land, and  that  he  advocated  in  the  Convention  the 
**  design  of  independence."  ' 

With  the  report  for  the  emission  of  bills  of  credit, 
and  that  for  the  regulation  and  government  of  the 
forces,  the  latter  a  document  consisting  of  sixty-five 
articles,  the  Convention  closed  its  proceedings.* 

The  Council  of  Safety  met  January  i8th,  the  day 
the  Convention  adjourned.    A  resolution  of  Congress 

'  Sanderson's  "Biography  of  the  Signers,"  vol.  vii.,  p.  252. 
*  Journal  of  the  Maryland  Convention. 


4\ 


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142  Charles  Carroll  0/  Canv/l/ofi, 

was  read,  rccommciuling  tlic  selection  of  suitable 
persons  in  each  colony,  to  collect  all  the  ^okl  and 
silver  coin  to  be  found,  to  supply  tiie  financial  needs 
of  the  government  in  the  Canada  campaiij;n,  and 
Charles  Carroll  of  Carrollton  was  one  of  those  se- 
lected for  Anne  Arundel  County.'  The  correspond- 
ence of  the  Council  in  the  early  spring  of  1776  gives 
evidence  of  the  alarm  felt  in  Annapolis  and  lialti- 
more,  at  the  appearance  of  the  British  man-of-war, 
the  Otter,  with  her  tenders,  in  the  waters  of  the 
Chesapeake.  Charles  Carroll  of  Carrollton  wrote 
from  Baltimore  to  Col.  Thomas  Dorsey  of  the  Elk 
Ridge  Militia  March  8th  : 

**  Sir:  I  left  the  Council  of  Safety  yesterday  in  the 
afternoon,  after  the  man-of-war  and  her  tenders  had 
passed  the  mouth  of  our  river.  If  any  place  is  in  danger 
of  an  immediate  attack,  I  think  it  will  be  the  town  of 
Baltimore  ;  and  on  talking  with  their  Committee  of  Ob- 
servation, I  find  they  have  men  enough,  but  they  are  very 
badly  armed.  1  think,  therefore,  it  will  be  proper  that 
you  march  your  battalion,  or  all  the  companies  of  men  in 
it  that  have  serviceable  arms,  with  all  expedition  to  this 
town,  unless  you  have  express  directions  from  the 
Council  of  Safety  to  go  with  your  battalion  to  some  other 
place.     They  will  confirm  this  order  of  mine." 

But  on  Saturday,  March  loth,  at  midnight,  a  let- 
ter went  from  the  Council  to  Barrister  Carroll  of  the 
Baltimore  Committee  of  Observation,  reporting  the 
Otter  to   have   appeared    off    Annapolis   that  day. 

'  Maryland  Archives,  vol.  xi.,  "Journal  and  Correspondence  of  the 
Council  of  Safety,"  p.  132. 


l' 


To  lirccl  Jrou  Mills  in  Mary/iuni.       143 


The  Cliainnaii  of  the  H.iltiniorc  Coniiiiittce,  Samuel 
Purviance,  wrote  to  Cliarles  Carroll  of  Carrolltoii, 
who  was  aj^aiii  in  Annapolis,  early  on  the  morn- 
ing of  this  same  clay,  stating  that  he  had  been 
roused  at  one  o'clock,  by  a  letter  which  was  to  be 
disi)atched  to  Captain  Nicholson  of  the  Drfcnce, 
who  he  thinks  "is  very  capable  "  of  taking  the  Brit- 
ish vessel.  The  Otter,  however,  got  off,  down  the 
bay,  with  her  tenders  and  four  pri/.es.'  At  a  meet- 
ing of  the  Council  on  the  14th  of  March,  it  was 
ordered  that  the  Treasurer  of  the  Western  Shore 
pay  to  Daniel  of  St.  Thomas  Jenifer  i^i2o  currency 
for  so  much  in  specie  by  him  paid  to  Charles  Car- 
roll of  Carrollton.'  This  was  doubtless  the  coin  col- 
lected  in  Anne  Arundel  County  for  the  Canada 
operations. 

Charles  Carroll  of  CarroUton  had  written  to  Rob- 
ert Carter  of  Virginia  in  February,  on  the  subject  of 
erecting  iron  mills  for  the  province,  on  part  of  the 
property  of  the  lialtimore  Company.  The  three 
members  of  the  Company,  Charles  Carroll  of  Carroll- 
ton,  Charles  Carroll,  barrister,  and  Daniel  Dulany 
('*  Antillon  "),  had  consented  to  the  contract,  and 
Carter  was  asked  for  his  signature.  His  reply  is  as 
follows : 

March  lO,  1776. 

Sir  : 

Your  letter  of  the  22nd  day  of  last  month,  February, 
came  to  hand  yesterday  only,  it  being  enclosed  in  one 
signed  by  William  Whitecroft.  The  letters  advise  that 
the  active  gentlemen  of  the  Province  of  Maryland  are  of 


11 


a 


V 


l<ti 


v„ 


Ibid. 


'  Ibid. 


I 


1 44  CJiarlcs  Carroll  of  Carrolllon. 


N'i 


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f 

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\\  :    1 

1 

'':m 

opinion  that  mills  for  flatting  and  slitting  iron  should  be 
erected  in  that  Province,  immediately,  that  yourself,  C. 
Carroll,  Barrister,  and  Daniel  Dulany,  Esqrs.,  of  the  first 
part,  Mr.  William  Whitcroft  on  the  second  part,  have  had 
under  consideration  the  following  scheme — viz  : 

The  Baltimore  Company  to  lease  to  William  Whitcroft 
the  old  Forge  and  20  acres  of  land  adjoining  thereto,  and 
100  acres  of  woodland,  for  the  term  of  21  years.  W.  W. 
to  erect  on  the  premises  two  mills,  one  thereof  for  flatting 
iron,  the  other  for  slitting  iron,  he  to  pay  ^20  Maryland 
currency  yearly  rent  during  said  term,  and  furthermore, 
that  all  the  improvements  are  to  be  left  in  good  tenant- 
able  repair,  they  to  be  the  property  of  our  company,  at 
the  expir.tion  of  said  lease  without  paying  any  compen- 
sation for  them. 

As  it  is  now  thought  expedient  in  your  province  to 
erect  such  mills  as  mentioned  before,  and  as  Mr.  W.  W. 
has  chosen  a  situation,  belonging  to  our  Company  for  said 
works,  I  a])prehend  clearly  that  that  situation  should  not 
be  withheld  from  the  publick,  and  do  most  heartily  con- 
cur with  those  three  gentlemen  of  our  Company  men- 
tioned before,  relative  to  leasing  the  Old  Forge  to  W.  W., 
and  pray.  Sir,  write  my  name  to  the  lease,  which  the 
Baltimore  Company  may  execute  to  W.  W. 

I  am,  sir,  yours  etc., 

Robert  Carter. 

To  Charles  Carroll,  Esq  : 

of  Carrollton.' 

Charle.'-:  Carroll  was  now  to  come  forward  more 
prominently  before  the  general  public,  as  one  of  the 
agents  designated  by  the  Continental   Congress  to 

'  Carter  Letter  Books. 


X 


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John  Adams  Describes  Carroll.        145 

represent  the  Colonies  in  Canada.  A  commission 
of  three  had  been  named  by  Con-ress  in  ]''ebruary 
to  visit  Canada  in  its  behalf.  Ik'njamin  Franklin' 
then  over  seventy  years  old,  Samuel  Chase,  and 
Charles  Carroll  of  CarroUton  were  the  persons 
chosen. 

John  Adams  in  a  letter  to  a  friend,  February  18 
I77<5,  telling  of  the  committee  says  : 

**  The  characters  of  the  two  first  you  know  The  list 
IS  not  a  member  of  Congress,  but  a  gentleman  of  inde- 
pendent  fortune,  perhaps  the  largest  in  Amcriea-a  hun- 
dred and  fifty  or  two  hundred  thousand  pounds  sterling  • 
educated  m  some  University  in  France,  though  a  native 
of  America  ;  of  great  abilities  and  learning,  complete 
master  of  the  French  language,  and  a  professor  of  the 
Roman  Catholic  religion  ;  yet  a  warm,  a  firm,  a  zealous 
supporter  of  the  rights  of  America,  in  whose  cause  he 
has  hazarded  his  all."  ' 

This  selection    of  Carroll,  who  was  not  then  in 
Congress,  was  a  merited  compliment  to  the  distin- 
guishcd   Marylander,   and   doubtless  was  suggested 
by  hi'-,  :cllow  townsman  Chase  who  had   been  asso- 
ciut.d  with  him  in  provincial  politics,  and  knew  his 
worth  and  sterling  patriotism.     But  there  were  two 
reasons  why    Charles    Carroll    of  CarroUton  should 
have  been  specially  selected   for  this   mission  ;  his 
religion,  which  was  that  of  a  large  majority  of  the 
population  of  the  province  of  Quebec,  where  there 
were  about   150,000  Roman  Catholics  and  only  360 

>  Hayden's  "  Charles  Carroll  of  CarroUton,"  p.  6.    American  Ar- 
clnves,  IV.,  1 183. 

VOL.1 — 10 


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1 46  Charles  Carroll  of  Carrol Uoii. 

members  of  the  Church  of  England  ;  and  his  famili- 
arity, from  his  long  residence  Jibroad,  with  the 
French  language,  the  native  tongue  of  these  Cana- 
dian Koman  Catholics.  The  Rev.  John  Carroll  was 
requested  to  accompany  the  party,  to  use  his  influ- 
ence with  the  priests,  in  securing  their  neutrality  in 
the  contest  between  the  colonies  and  Great  Britain. 
The  object  of  the  commission  was  "  to  promote  or 
form  a  union  "  between  the  Colonies  and  Canada. 

American  military  operations,  after  the  successes 
at  Ticonderoga  and  Crown  Point,  had  not  been  pro- 
gressing favorably,  and  it  was  hoped  a  little  diplo- 
macy would  put  matters  right,  assure  Canada  that 
it  was  to  her  interest  to  join  the  Americans,  who 
were  fighting  Canada*s  enemy  in  fighting  Great 
Ikitain,  and  were  ready  to  welcome  with  open  arms 
the  Northern  province  into  their  confederac/.  Un- 
fortunately, indiscreet  politico-religious  utterances 
of  Congress  had  offended  the  French  Canadians  and 
rendered  them  distrustful  of  their  new  friends,  while 
the  exactions  of  the  Continental  soldiery,  who  with 
an  insufficient  commissariat  and  no  money,  were 
forced  to  forage  on  the  natives  for  subsistence,  wid- 
ened the  breach.  In  truth,  Canada,  so  lately  won 
from  the  French,  and  substantially  a  French  com- 
munity, had  by  the  Quebec  Bill  of  1774  been  given 
all  that  she  could  desire  in  the  way  of  civil  and  re- 
ligious liberty,  and  was  without  the  grievances  under 
which  the  thirteen  Colonies  were  chafing.  The  inter- 
ests of  the  French  Canadians  had  been  preferred  over 
those  of  the  liritish  American,  the  colonists  thought, 
and  the  Quebec  Bill,  as  injurious  in  its  effects  on  the 


i 


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The  Journey  Northivard, 


147 


Colonies,  was  one  of  their  acts  of  indictment  against 
tlie  English  Crown. 

Under  these  circumstances,  the  Canadian  Com- 
mission had  a  difficult  and  delicate  task  before  them. 
The  journal  of  Charles  Carroll  of  Carrollton,  which 
gives  in  outline  the  details  of  the  expedition,  has 
been  preserved ;  while  the  correspondence  of  the 
Commissioners  with  Congress,  and  with  the  gener- 
als operating  in  Canada,  Thomas,  Schuyler,  Arnold, 
Thompson,  and  Wooster,  picture  the  deplorable  con- 
dition of  the  American  troops,  and  convey  a  vivid 
impression  of  the  annoyances  and  perplexities  which 
confronted  the  Commissioners,  and  of  the  patience 
and  tact  required  to  surmount  them.  Arnold,  who 
since  the  fall  of  General  Montgomery  in  the  assault 
on  Quebec  in  December,  had  been  keeping  his 
ground  with  a  small,  undisciplined  and  ill-fed  force, 
was  superseded  early  in  April  by  his  ranking  offi- 
cer General  Wooster,  who,  weak  and  incompetent, 
had  remained  in  masterly  inactivity  at  Montreal  all 
the  winter.  And  now  he  assumed  to  conduct  the 
difficult  siege  of  Quebec  while  Arnold  took  his  place 
at  Montreal  where  there  was  no  enemy  to  contend 
with.  It  was  at  this  juncture  that  the  Commission- 
ers were  sent  out  to  meet  at  least  a  partial  need — 
where  troops,  "  hard  cash,"  and  wise  counsels  were 
all  in  demand. 

Following  Charles  Carroll  in  his  itinerary  we  find 
he  left  New  York  with  the  rest  of  the  party  on 
a  sloop  the  afternoon  of  April  the  2d  to  take  his 
leisurely  way  to  Albany.  Tiie  weather  was  bad  and 
rainy  the  next  day,  and  they  had  a  storm  that  night. 


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148  Charles  Carroll  of  CarrolUon, 


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J . . 


Oil  the  4th,  says  the  journah'st  "just  before  we 
doubled  Cape  Saint  Anthony's  Nose,  Mr.  Cliase  and 
I  landed  to  examine  a  beautiful  fall  of  water.  Mr. 
Chase  very  apprehensive  of  the  leg  of  mutton  being 
boiled  too  much,  impatient  to  get  on  board  ;  wind 
breezing  up,  we  had  near  a  mile  to  row  to  overtake 
the  vessel."  The  beautiful  scenery  of  the  Hudson 
is  described  as  they  sail  along;  they  had  passed 
"  opposite  to  Colonel  Philip's,  (a  tory,) "  on  the  3rd. 
With  Mr.  Chase,  Charles  Carroll  goes  on  shore  to 
examine  Constitution  Fort,  and  from  there  they 
write  a  letter  to  General  Heath  at  New  York  to  tell 
him  of  the  defenceless  condition  in  which  they  find 
the  fort.  They  have  "  a  most  glorious  run  "  on  the 
6th  and  pass  several  country  houses.  Charles  Car- 
roll writes  :  *'  Vast  tracts  of  land  on  each  side  of 
Hudson's  River  are  held  by  the  proprietaries  or  as 
they  are  here  styled  the  '  Patrones  '  of  Manors.  One 
of  the  Ransalaers  has  a  grant  of  20  miles  on  each  side 
of  the  river.  Mr.  Robert  R.  Livingston  informed 
me  that  he  held  three  hundred  thousand  acres." 

They  landed  at  Albany  early  on  the  morning  of 
the  7th  and  were  met  by  General  Schuyler,  *'  who, 
understanding  we  were  coming  up,  came  from  his 
house,  about  a  mile  out  of  town,  to  receive  us,  and 
invite  us  to  dine  with  him ;  he  behaved  with  great 
civility  ;  lives  in  pretty  style,  has  two  daughters 
(Betsey  and  Peggy,)  lively,  agreeable  black  eyed 
girls."  Carroll  finds  more  houses  in  Albany  than  in 
Annapolis,  and  the  people  chiefly  speak  Dutch. 
They  leave  Albany  early  on  the  morning  of  the  9th 
and  pursue  their  journey  in  a  wagon,  in  company 


I 


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S/ayijig  ivitJi  the  ScJniylcrs. 


149 


with  General  and  Mrs.  Scluiyler  and  tlieir  two 
daughters,  and  General  Thomas.  Charles  Carroll 
leaves  the  wagon  and  with  the  two  generals  goes 
on  horseback  to  see  the  falls  of  the  Mohawk,  about 
six  miles  from  Albany.  That  evening  they  arrive 
a  little  before  sunset  at  General  Schuyler's  country- 
seat,  Saratoga,  thirty-two  miles  from  Albany.  Bad 
roads  and  delays  at  the  ferries,  account  for  their 
slow  progress.  But  the  occasion  is  utilized  by  the 
observant  and  intelligent  traveller,  and  he  discourses 
with  General  Schuyler  on  the  plan  for  "  uninter- 
rupted water-carriage  between  New  York  and  Que- 
bec "  ;  the  manner  in  which  the  great  proprietaries 
of  New  York  lease  their  lands,  etc.,  and  he  is  inter- 
ested at  Saratoga  in  the  general's  mills,  one  of  which 
is  on  a  new  plan,  of  which  he  requests  a  model. 
"  General  Schuyler,"  he  writes,  "  is  a  man  of  good 
understanding,  improved  by  reflection  and  study  ; 
he  is  of  a  very  active  turn,  and  fond  of  husbandry; 
and  when  the  present  distractions  are  composed,  if 
his  infirm  state  of  health  will  permit  him,  will  make 
Saratoga  a  most  beautiful  and  most  valuable  estate." 
On  the  nth  the  tw^o  generals  left  for  Lake 
George,  and  the  Commissioners  set  off  from  Saratoga 
on  the  16th.  The  snow  was  six  inches  deep  on  the 
ground  the  day  befoie.  "  I  parted  with  regret," 
says  Carroll,  "  from  the  amiable  family  of  General 
Schuyler ;  the  ease  and  affability  with  which  we 
were  treated,  and  the  lively  behavior  of  the  young 
ladies,  made  Saratoga  a  most  pleasing  sejour,  the 
remembrance  of  which  will  long  remain  with  me." 
Partly  by  land  and  partly  by  water,  our  travellers 


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150         CJiarlcs  Carroll  of  Ca7'rolltoii, 


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pursue  their  way,  breakfasting  with  Colonel  Allen 
at  Fort  Edward  on  the  17th.  But  hardly  had  they 
gone  a  mile  from  the  fort  when  a  messenger  meets 
them,  sent  by  General  Schuyler  to  say  that  Lake 
George  is  not  open.  However,  they  reach  Fort 
George  on  the  i8th,  and  embark  from  there  the 
next  day,  in  company  with  General  Schuyler. 
They  drink  tea  on  shore  in  Montcalm's  Bay,  land 
again  at  nightfall  and  build  fires,  but  they  have 
trouble  in  getting  the  boats  through  the  ice,  and 
after  various  attempts  and  delays,  succeed  in  reach- 
ing the  landing-place  at  the  south  end  of  Lake 
George. 

Carroll  writes  April  2ist:  "I  took  a  walk  this 
evening  to  the  saw-mill  which  is  built  on  the 
principal  fall  of  the  river  flowing  from  Lake  George 
into  Lake  Champlain.  .  .  A  little  to  the  north- 
westward of  the  saw-mill,  on  the  ,vest  side  of  the 
river  I  visited  the  spot  where  Lord  Howe  was  killed." 
Charles  Carroll  rides  with  General  Schuyler  over 
to  Ticonderoga  the  next  day,  and  views  the  works 
left  there  by  the  French  in  the  last  war.  They 
remained  all  of  the  23d  at  the  landing-place,  wait- 
ing for  the  boats  to  be  made  ready  that  were  to 
take  them  through  Lake  Champlain.  General 
Schuyler  and  his  troops  were  busy  getting  the 
bateaux,  cannon,  etc.,  carted  to  the  saw-mill  to  be 
embarked  on  Lake  Champlain  for  their  destination 
at  St.  Johns.  Leaving  the  landing-place  at  Lake 
George  on  the  24th,  they  go  by  water  to  Ticon- 
deroga, where  they  wait  an  hour  to  take  in  provis- 
ions, and  reach  Crown  Point  that  afternoon,  "with 


(! 


♦  I 


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Row/no'  on  Lake  Cha))iplain. 


151 


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the  help  of  our  oars  only."  They  slept  that  night  at 
a  farmer's  house  in  the  neighborhood,  leaving  at  five 
A.M.  and  breakfasting  in  a  small  cove  near  the  Split 
Rock,  while  they  dine  on  cold  provisions  at  a  house 
on  shore,  where  they  put  in  to  avoid  a  gale  of  wind. 
Again  taking  to  the  boat,  they  are  rowed  seven 
miles  down  the  lake  to  a  point  of  land,  not  far 
from  the  islands  called  the  Four  l^rothers. 

*'  Mr.  Chase  and  I  slept  this  night  on  shore,  under 
atent  made  of  bushes,"  the  journalist  records.  This 
place  Carroll  calls  "  Commissioner's  Point."  So  they 
continue  their  pictures(]ue  journey,  which  to  the 
younger  men.  Chase  and  Charles  Carroll  of  Carrollton, 
had  no  unwelcome  flavor,  doubtless,  of  novelty  and 
adventure.  At  one  time  they  land  and  breakfast 
"  on  tea  and  good  biscuit."  Then  the  rowing 
begins  again,  until  they  come  to  the  island  of  La 
Motte.  "  We  lay  under  this  shore  all  night  in 
a  critical  situation,  for  had  the  wind  blown  hard 
in  the  night,  from  the  West,  our  boats  would  proba- 
bly have  been  stove  against  the  rocks.  We  passed 
the  night  on  board  the  boats,  under  the  awning 
which  had  been  fitted  up  for  us."  They  slept  in 
the  four  beds  they  had  brought  with  them  from 
Philadelphia,  and  unless  they  had  been  thus  pro- 
vident they  would  have  been  forced  on  this  voyage 
to  lie  on  the  bare  ground  or  on  planks.  They 
breakfast  on  shore,  at  a  tavern,  the  morning  of  the 
27th  and  despatch  a  messenger  to  Montreal  for 
carriages  for  themselves  and  their  luggage.  They 
stay  the  next  day  at  Colonel  Hazen's  house  and 
watch   the   bateaux    of    troops   which   arrive   here 


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152  Charles  Carrol!  of  Carrol  I  ion. 

from  Ticonderoga  and  go  down  the  river  to  Chani- 
blay.  The  next  morning  they  leave  Colonel  Haz- 
en's  and  cross  over  to  St.  Johns  where  carriages 
and  carts  meet  them,  and  they  set  off  for  La 
Prairie,  eighteen  miles  distant ;  never  had  they  seen 
worse  roads  or  worse  conveyances.  "  From  La 
Prairie,''  says  the  journal,  "you  go  slanting  down 
the  river  to  Montreal,"  a  passage  of  six  miles. 
"  The  river  where  we  crossed  is  filled  with  rocks 
and  shoals,  which  occasion  a  very  rapid  current 
in  some  places."  The  arrival  at  Montreal  is  thus 
described : 

"  We  were  received  by  General  Arnold  on  our  landing, 
in  the  most  polite  and  friendly  manner  ;  conducted  to 
headquarters,  where  a  genteel  company  of  ladies  and 
gentlemen  had  assembled  to  welcome  our  arrival.  As 
we  went  from  the  landing  place  to  the  general's  house, 
the  cannon  of  the  citadel  fired  in  compliment  to  us  as 
the  Commissioners  of  Congress.  We  supped  at  that 
general's,  and  after  supper  were  conducted  by  the 
general  and  other  gentlemen  to  our  lodgings,  the  house 
of  Mr.  Thoma-^  Walker,  the  best  built,  and  perhaps  the 
best  furnished  in  this  town."  ' 

On  the  1st  of  May  the  Rev.  John  Carroll  wrote 
home  to  his  mother  an  interesting  account  of  the 
journey,  and  of  their  reception  at  Montreal.  "  When 
we  came  to  New  York,"  he  says,  "  it  was  no  more 
the  gay,  polite  place  it  used  to  be  esteemed,  but 
it  was  become  almost  a  desert,  unless  for  the  troops." 
Of  the  passage  of  three  days  and  a  half  on  Lake 

*  Appendix  B. 


I 


Ft 
1 


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Arrival  at  Moil  real. 


•53 


h\ 


Cliamplain,  he  writes :  "  We  always  came  to  in  the 
night  time.  Passengers  generally  encamp  in  the 
woods,  making  a  covering  of  the  boughs  of  trees, 
and  large  fires  at  their  feet ;  but  as  we  had  a  good  awn- 
ing to  our  boat,  and  had  brought  with  us  good  beds 
and  plenty  of  bed  clothes,  I  chose  to  slf;ep  aboard." 
Mr.  Carroll  tells  of  the  greeting  given  them  "  by 
General  Arnold  and  a  great  body  of  ofificers,  gentry, 
etc.,"  and  he  adds  : 

"  Being  conducted  to  the  General's  house,  we  were 
served  with  a  glass  of  wine,  while  people  were  crowding 
in  to  pay  compliments  ;  which  ceremony  being  over,  we 
were  shown  into  another  apartment,  and  unexpectedly 
met  in  it  a  large  number  of  ladies,  most  of  them  French. 
After  drinking  tea  and  sitting  some  time,  we  went  to  an 
elegant  supper,  which  was  followed  with  the  singing  of 
the  ladies,  which  ])roved  very  agreable,  and  would  have 
been  more  so  if  we  had  not  been  so  much  fatigued  with 
our  journey.  The  next  day  was  spent  in  receiving  visits 
and  dining  in  a  large  company,  with  whom  we  were 
pressed  to  sup,  but  excused  ourselves  in  order  to  write 
letters,  ot  which  this  is  one,  and  will  be  finished  and 
dated  to-morrow  morning."  ' 

The  first  letter  of  the  Commissioners  to  the  Presi- 
dent of  Congress,  of  the  same  date  as  the  foregoing, 
makes  mention  of  some  of  the  difficulties  that  met 
them  at  the  outset,  the  want  of  specie,  the  need  of 
more  troops  and  the  poorly  paid  condition  of  those 
in  Canada,  who  were  also  suffering  from  smallpox. 
They  write : 

'American  Archives,  v.,  l66S  ;  Brent's  "  Life  of  Archbishop  Car- 
roll," p.  40  ;  "  Life  and  Times  of  Archbishop  Carroll,"     p.  149. 


I, 


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154  Charles  Carroll  of  Carroll hii. 

"  It  is  ini[)ossil)lc  to  give  yon  a  just  idi-n  of  the  lowncss 
of  the  Continental  credit  here,  from  the  want  of  hard 
money,  and  the  j)rejudice  it  is  to  our  affairs.  .  . 
The  express  we  sent  from  St.  John's  to  inform  the  (len- 
eral  of  our  arrival  there,  and  to  request  carriages  for 
La  Prairie,  was  stopjjctl  at  the  ferry  till  a  friend  passing 
changed  a  dollar  bill  for  him  into  silver,  and  we  are 
o])liged  to  that  friend  (Mr.  McCartney,)  [McCarty  ?], 
for  his  engagement  to  jjay  the  calashes,  or  they  would 
not  have  come  for  us.  The  general  apprehension  that 
we  shall  be  driven  out  of  the  Province  as  soon  as  the 
King's  troops  can  arrive,  concurs  with  the  frequent 
breaches  of  promise  the  inhabitants  have  experienced, 
in  determining  them  to  trust  our  people  no  further.  . 
.  .  Therefore  till  the  arrival  of  money,  it  seems  im- 
proper to  propose  the  Federal  Union  of  this  Province 
with  the  others,  as  the  few  friends  we  have  will  scarce 
venture  to  exert  themselves  in  i)romoting  it,  till  they  see 
our  credit  recovered,  and  a  sufficient  army  arrived  to 
secure  the  possession  of  the  country."  ' 


\ 


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The  Commissioners  were  clothed  with  ample 
powers ;  to  supervise  the  military  operations  in 
Canada,  to  compose  disputes,  and  to  administer 
discipline,  suspending  any  ofificers,  if  deemed  neces- 
sary, until  the  pleasure  of  Congress  should  be  known. 
They  were  to  negotiate  with  the  Indians,  and  en- 
courage the  Indian  trade,  and  they  were  to  sit  and 
vote  in  councils  of  war.  The  day  after  their  arrival, 
March  30th,  a  council  of  war  was  held,  the  minutes 
of  which  they  send  to  the  President  of  Congress. 
It  was  there  proposed  to  fortify  the  important  post 

'  American  Archives,  v.,  p.  1166. 


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ylcyccmcnt  loith  Indiaii  Tribes,         i  s  S 

of  Jacques  Cartior  between  Montreal  and  CJuebec  ; 
and  to  build  six  jrondolas  to  carry  heavy  cannon,  at 
Chamblay,  of  which  place  General  Arnold  was  to 
have  command.  In  the  meantime  the  Commission- 
ers directed  the  openinj^  of  the  Indian  trade,  and 
they  asked  for  £,  20,000  in  specie  from  Congress  to 
pay  the  debts  then  owing,  and  to  form  a  fund  for  a 
bank  they  proposed  to  open  for  exchanging  Con- 
tinental bills.'  They  wrote  to  Congress  again  on  the 
6th  of  May,  reiterating  the  urgent  need  for  "  hard 
money  "  to  buy  flour  and  other  necessaries  for  the 
troops  :  "  The  want  of  money  frequently  constrains 
the  commanders  to  have  recourse  to  violence  in 
providing  the  army  with  carriages,  and  other  con- 
veniences, which  indispose  and  irritate  the  minds  of 
the  people.  We  have  reason  to  conclude  that  the 
change  of  sentiments,  which  we  understand  has 
taken  place  in  this  colony,  is  owing  to  the  above- 
mentioned  cause,  and  to  other  arbitrary  proceedings." 
They  advise  if  this  specie  cannot  be  sent,  that  the 
Americans  should  evacuate  Canada,  and  fortify  the 
passes  on  the  Lakes,  to  prevent  the  enemy  from 
invading  the  Northern  colonies.  The  Commission- 
ers also  report  that  they  had  had  an  interview  at 
Fort  George  with  deputies  from  the  seven  Indian 
tribes  of  Canada,  and  since  their  arrival  in  Montreal 
had  conferred  again  with  these  same  deputies,  re- 
ceiving their  promise  of  neutrality  in  the  present 
contest,  for  which  assurance  a  small  present  was 
made  them,  and  a  larger  present  is  to  seal  the  com- 
pact, "  when  the  hatchet  is  delivered  up."  '"    Another 

^  Ibid.  *  Jbid,,  p.  121 4. 


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letter  went  from  the  Commissioners  to  Congress  on 
the  8th,  with  the  same  burden  as  the  former  ones. 
It  had  been  expected  by  their  friends  in  Canada  that 
they  would  bring  a  supply  of  specie,  whereas  they 
had  only  been  furnished  with  enough  for  their  own 
expenses.  The  disappointment  was  great,  and  led 
to  the  opinion  that  none  was  to  be  had.  The  purses 
of  those  in  sympathy  with  the  Americans  were 
drained  dry,  and  the  Tories  would  not  trust  them 
a  farthing. 

"  Our  enemies  take  the  advantage  of  this  distress  to 
make  us  look  contemptible  in  the  eyes  of  the  Canadians, 
who  have  been  provoked  by  the  violences  of  our  military, 
in  exacting  provisions  and  services  from  them  without 
pay,  a  conduct  towards  a  people  who  suffered  us  to  enter 
their  country  as  friends,  that  the  most  urgent  necessity 
can  scarce  excuse,  since  it  has  contributed  much  to  the 
changiiij;  their  good  disposition  towards  us  into  enmity, 
and  makes  them  wish  our  departure  ;  and  accordingly 
we  have  daily  intimations  of  plots  hatching  and  insur- 
rections for  expelling  us  on  the  first  news  of  the  arrival  of 
the  British  army.  You  will  see  from  hence  that  your 
Commissioners  themselves  are  in  a  critical  and  most 
irksome  situation,  pestered  hourly  with  demands  great 
and  small,  that  they  cannot  answer,  in  a  place  where  our 
cause  has  a  majority  of  enemies,  the  garrison  weak,  and 
a  greater  would,  without  money,  increase  our  difificulties." 

With  a  supply  of  money,  the  sinews  of  war,  and  a 
little  success,  the  Commissioners  think  **  it  may  be 
possible  to  regain  the  affections  of  the  people,  to  at- 
tach them  firmly  to  our  cause  and  induce  them  to 
accept  a  free  government,  perhaps  to  enter  into  the 
Union."  ' 

•  Ibid.,  p.  1237, 


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A  Rcvei'sc  at  Quebec. 


157 


The  threatened  disasters  were  already  at  hand. 
Instead  of  a  "little  success,"  there  came  a  decided 
reverse.  General  Thomas,  who  had  been  in  com- 
mand at  Quebec  since  the  ist  of  May,  and  who  had 
but  a  thousand  men  fit  for  duty,  and  only  six  days' 
provisions,  was  about  to  remove  his  artillery  and 
stores  up  the  river,  when  news  came  of  the  approach 
of  British  war  ships,  five  of  them  appearing  in  sight 
on  the  morning  of  the  6th.  The  enemy  landed  a 
thousand  men  and  six  cannon,  and  attacked  a  force 
of  two  hundred  and  fifty  Americans,  the  outposts 
of  the  garrison,  who  with  one  field-piece  made  but  a 
short  stand  against  such  odds.  The  order  for  retreat 
was  given,  and  the  retreat  became  a  rout,  all  the 
cannon  falling  into  the  enemy's  hands,  with  small- 
arms,  and  two  hundred  of  the  sick  in  the  deserted 
camp.  Retreating  towards  Montreal,  the  discom 
fited  command  stopped  first  at  Point  Descham 
bault  where  General  Thomas  wrote  a  letter  to  the 
Commissioners  on  the  7th  telling  of  the  disaster.' 

Early  on  the  morning  of  the  loth  the  Commis- 
sioners received  the  news  by  word  of  mouth  from 
Colonel  Campbell,  an  ofificer  of  Thomas's  army,  and 
they  wrote  immediately  to  Congress  and  to  General 
Schuyler.  The  latter  was  requested  to  send  the  sup- 
plies  that  were  expected  from  Ticonderoga  as 
speedily  as  possible  to  the  troops  in  Canada ;  and 
those  who  had  left  Quebec  were  to  make  a  stand  at 
the  mouth  of  the  Sorel,  on  the  St.  Lawrence  not  far 
from  Montreal."  General  Schuyler  had  written  to 
Franklin  on  the  2d.   To  Congress  the  Commissioners 

*  American  Archives,  vi.,  p.  451.  '  Ibid,,  p.  449. 


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158  Charles  Carroll  of  Carrollton. 

wrote  the  same  deplorable  story.  General  Arnold 
was  to  go  down  to  the  Sorel  that  day  to  confer  with 
General  Thomas  on  the  situation.  "  We  are  afraid," 
say  the  Commissioners,"  it  will  not  be  in  our  power 
to  render  our  country  any  further  services  in  this 
colony." ' 

It  was  felt  that  the  chief  object  of  the  Commis- 
sion had  certainly  proved  a  failure,  the  effort  to 
enlist  the  Canadians  in  the  American  cause,  and 
there  only  remained  the  duty  of  looking  after  the 
wants  of  the  troops.  Doctor  Franklin,  whose  age 
and  infirmities  made  the  hardships  of  the  expedition 
sensibly  felt  by  him,  therefore  resolved  to  return  to 
Philadelphia  with  the  Rev.  John  Carroll,  and  he  left 
Montreal  on  the  i  ith,  Mr.  Carroll  joining  him  on  the 
following  day.  The  other  Commissioners  in  pursuit 
of  the  work  now  consigned  to  their  sole  charge, 
repaired  at  the  same  time  to  La  Prairie."  Chase  and 
Charles  Carroll  of  Carrollton  wrote  from  Montreal 
the  evening  of  the  nth  to  Franklin  and  they  also 
wrote  to  General  Schuyler.     To  the  latter  they  say  : 

"  After  the  arrival  of  the  brigade  under  General 
Thompson,  we  compute  there  will  be  about  five  thousand 
troops  in  Canada.  We  understand  this  brigade  brings 
only  ten  days'  provisions  with  them.  .  .  .  General 
Arnold  leaves  us  this  afternoon  to  go  down  to  Descham- 
bault,  we  cannot  flatter  ourselves  with  the  keeping  pos- 
session of  that  post.  .  .  We  are  unable  to  express  our 
apprehensions  of  the  distress  our  army  must  soon  be  re- 
duced to  from  the  want  of  provisions,  and  the  small-pox 


'/3/</.,  p.  449. 


'Appendix  B. 


Letter  to  General  Thomas. 


159 


If  further  reinforcements  are  sent  without  pork  to  victual 
the  whole  army,  our  soldiers  must  perish,  or  feed  on  each 
other.  Even  plunder,  the  last  resource  of  strong  neces- 
sity, will  not  relieve  their  wants.  .  .  .  You  will  be 
pleased  to  communicate  the  present  situation  of  affairs, 
and  forward  the  enclosed  papers  to  Congress."  ' 

After  arriving  at  La  Prairie  on  the  12th,  the  two 
Commissioners  wrote  the  following  letter  to  General 
Thomas : 

To  Maj.  General  Thomas. 

La  I'raiiur,  May  12,1776.     6  o'clk.  p.m. 

Dkar  Sir  :  We  are  informed  by  Mr.  Price  that  there 
is  not  water  enough  in  Lake  St.  Pierre  for  a  frigate  to 
pass  over  with  the  guns  and  stores  ;  he  says  that  there  is 
not  even  at  this  season  of  the  year  when  the  water  is 
highest,  more  than  fourteen  and  fifteen  feet  in  the 
channel,  which  is  very  narrow.  If  this  representation  be 
just,  our  gondola  ships,  ere  now  at  the  mouth  of  the 
Sorrell  may,  perhaps  prevent  the  enemies  ships  of  war 
from  coming  higher  up  the  river  St.  Lawrence  than  Lake 
St.  Pierre.  Fresh  provisions  and  flour  Mr.  Price  says 
may  be  had  for  specie,  if  authority  should  be  exercised 
over  those  who  having  such  provisions  should  refuse  to 
part  with  them  on  the  tender  of  a  reasonable  price  in 
hard  money.  Mr.  Price  is  also  firmly  of  opinion  that 
provisions  of  the  aforesaid  sort  may  be  had  in  the  country 
above  the  Sorrell  sufficient  to  support  an  army  of  fifteen 
thousand  men  about  six  months. 

You  sir,  are  the  best  judge  whether  a  stand  may  be 
made  at  the  Sorrell  and  must  certainly  be  well  informed 
of  the  quantity  of  gunpowder  we  now  have  in  Canada. 
If  our  military  stores  are  adeipiale  for  the  defense  of  the 

'  American  Archives,  vi.,  p.  481. 


/  ' 


ll 


>1 


r   t, 


1 60  Charles  Carroll  of  Carrollion. 

part  of  the  country  above  the  Sorel,  and  our  forces 
should  be  judj^ed  capable  of  opposing  the  enemy,  of 
whose  numbers  we  hope  you  are  by  this  time  pretty  well 
informed,  we  are  clearly  of  the  opinion  that  the  present 
difficulty  arising  from  the  want  of  provisions  may  be 
surmounted  by  the  specie  now  in  the  hands  of  Mr. 
Price,  or  by  using  force  if  a  reasonable  price  should  be 
refused.  We  think  force  regulated  by  proper  authority 
not  only  justifiable  in  this  case,  but  that  it  will  prevent 
the  horrors  arising  from  the  licentiousness  of  a  starving 
and,  of  course,  an  uncontrollable  soldiery. 

It  has  been  suggested  to  us  by  Mr.  Price,  that  if  we 
abandon  Montreal  and  that  side  of  the  river  from  Ber- 
thier  upwards,  that  it  will  be  extremely  difficult  to  keep 
possession  of  the  country  adjacent  to  the  Sorel  and 
between  that  river  and  the  St.  Lawrence  even  if  we  shoulrl 
[obtain  ?]  ten  thousand  men  to  defend  it.  Mr.  Pricere  om- 
mends  the  little  river  Berthier  as  the  properest  post  to 
be  taken  on  the  north  side  of  the  St.  Lawrence  lo  pre- 
vent the  enemy  from  coming  on  that  side.  The  above 
intelligence  and  observations  appear  to  us  so  material 
that  we  have  thought  it  advisable  to  send  off  an  express 
with  this  letter,  to  which  we  request  your  answer  as  soon 
as  possible. 

We  are  with  great  respect 
Dear  Sir 

Your  most  obedient  humble  servants 
Samuel  Chase, 
Charles  Carroll  of   Carrollton. 

P.  S.  The  depth  of  water  in  Lake  St.  Pierre  may  be 
ascertained  by  sounding.' 


*  MS  :  Letter,  Dr.  Thomas  Addis  Emmet,  New  York. 


Necessities  of  the  Army. 


i6i 


From  the  day  of  his  arrival,  the  29th  of  April,  to 
May  nth,  there  had  been  no  entry  in  Charles  Car- 
rol's journal.  His  time  had  been  too  fully  occupied, 
doubtless,  with  the  labors  of  his  office  and  his  cor- 
respondence. But  he  had  now  leisure  for  a  little 
military  expedition,  of  which  he  gives  some  account. 
He  writes  on  the  13th:  "I  went  to  St.  John's  to 
examine  into  the  state  of  that  garrison,  and  of  the 
batteaux.  There  I  met  with  General  Thompson  and 
Colonel  Sinclair,  with  part  of  Thompson's  brigade. 
That  evening  I  went  with  them,  down  the  Sorel  to 
Chamblay." '  He  describes  Chamblay  fort  which 
had  been  taken  from  the  British,  and  the  capture  of 
which  had  occasioned  the  taking  of  St.  Johns.  He 
writes  on  the  14th  of  his  return  to  Montreal  by  La 
Prairie,  and  looking  with  a  farmer's  eye  on  the  fer- 
tile land  over  which  he  passes,  he  tells  of  the  large 
exports  of  wheat  from  the  Sorel  district,  "  the  best 
part  of  Canada." 

General  Thomas  wrote  to  the  Commissioners  from 
the  **  Three  Rivers  "  on  the  15th.  Chase  and  Carroll 
write  letters  on  the  14th  and  17th  to  Congress,  and 
to  General  Schuyler.  They  recommend  Major  Du 
bois  to  Congress  for  promotion.  They  enclose  to 
General  Schuyler  letters  from  Arnold  with  "  the 
latest  intelligence  "  they  had  received  from  below, 
and  they  add  : 

"  General  Thompson  and  Colonel  St.  Clair  sailed 
from  this  place  yesterday  for  the  mouth  of  the  Sorel,  which 
place  we  hope  they  reached  last  night.  They  intended 
to  proceed  to  Deschambault   immediately.    .    .    .    We 

'  Appendix  B. 


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1 62  Charles  Carroll  of  CarroUton. 

have  been  alarmed  this  morning  with  the  approach  of 
some  Indians  and  soldiers  from  Detroit  and  the  upper 
garrisons  with  a  design  to  attack  our  post  at  the  Cedars. 
We  have  detached  one  hundred  and  fifty  men,  com- 
manded by  Major  Sherburne,  to  reinforce  that  garrison, 
already  consisting  of  three  hundred  effective  men.  .  .  . 
For  God's  sake  send  pork  and  powder.  You  know  we 
lost  twenty  barrels  of  the  powder  which  lately  came  over 
the  Lakes."  ' 

The  letter  of  the  17th  to  General  Schuyler  gives 
news  just  received,  as  to  the  condition  of  the  British 
garrison  at  Quebec  and  the  movements  of  the 
Americans.  The  atter  had  left  Jacques  Cartier  and 
Deschambault,  General  Thomas  was  at  Three  Rivers 
with  about  a  thousand  men,  and  the  Commissioners 
say  of  themselves  : 

"At  present  we  procure  a  little  fresh  provisions.  We 
intend  to  proceed  to  the  mouth  of  the  Sorel,  where  our 
army  is  collected.  We  have  no  fixed  abode,  being  obliged 
to  follow  your  example  and  become  generals,  commissa- 
ries, justices  of  the  peace,  in  short  to  act  in  twenty  differ- 
ent capacities.  Things  are  in  great  confusion,  but  out  of 
confusion  we  hope  order  will  arise." 

They  make  known  their  several  wants :  ammuni- 
tion, powder,  pork,  a  gondola  built  to  carry  a  24- 
pounder,  etc.,  and  they  add  :  "  Pray  send  back  the 
batteaux  in  which  Doctor  Franklin  and  Mr.  Carroll 
returned,  and  remember  us  most  affectionately  to 
them." " 

• 

"  Dr.  Franklin  who  left  this  place  the  i  ith  instant  ** 
'American  Archives,  iv.,  578.  ^ Ibid.,  p.  586. 


J;. ,; 


Canada  Unfriendly  to  Union.  163 

(write  the  Commissioners  to  Congress  on  the  17th) 
"  will  give  you  the  fullest  information  of  the  state  of 
our  affairs  in  this  Province.  We  are  sorry  to  say 
they  have  not  mended  since  the  Doctor's  departure." 
The  letter  proceeds  to  furnish  some  details  of  the 
confusion  and  disorder  ;  the  troops  living  from  hand 
to  mouth  ;  the  three  months'  men  going  home ;  the 
need  of  contractors  and  commissaries.  "  Your  Gen- 
erals," they  say,  **  are  now  obliged  to  be  contractors 
and  commissaries,  and  your  Commissioners,  who 
have  neither  abilities  nor  inclination,  are  constrained 
to  act  as  Generals."  They  go  on  to  give  instances 
of  the  want  of  proper  discipline  among  both  officers 
and  men. 


It 

i  il 


"  The  importance  of  this  Colony  will  be  made  known  to 
you  by  Doctor  Franklin.  .  .  .  The  Indian  trade  is 
an  object  already  sufficient  to  engage  the  attention  of 
the  Colonies,  and  growing  yearly  of  more  importance. 
The  inclinations  of  the  common  people  are  said  to  be  in 
general  with  us,  but  they  are  timorous  and  unsteady  ;  no 
assistance  can  be  expected  from  them  unless  they  find 
themselves  supported  by  an  army  able  to  cope  with  the 
English  forces." 

The  Commissioners  excuse  themselves  for  exceed- 
ing their  powers  by  appointing  Mr.  William  McCarty 
Deputy  Quartermaster-General,  as  the  public  good 
requires  it.     And  they  add  in  conclusion  : 

"  In  the  present  situation  of  our  affairs  it  will  not  be 
possible  for  us  to  carry  into  execution  the  great  object 
of   our  instructions,  as  the  possession  of  this  country 


|! 


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■  \ 


1 64  Charles  Carroll  of  Carrollton. 

must  finally  be  decided  by  the  sword.  We  think  our 
stay  here  no  longer  of  service  to  the  i)ul)lic.  We  are 
willing,  however,  to  sacrifice  our  time,  labour,  and  even 
our  lives,  iox  the  good  of  our  country  ;  and  we  wait  with 
impatience  the  further  orders  of  Congress."  ' 

General  Arnold  had  written  to  the  Commissioners 
on  the  17th  of  May  from  Sorel,  and  General  Thomas 
on  the  20th,''  but  now  the  Commissioners  were  to  go 
themselves  to  the  camp,  there  to  look  into  the  con- 
dition of  things,  and  Charles  Carroll  resumed  his 
journal  at  this  point.  On  the  21st  of  May  he  writes: 
"  This  day  Mr.  Chase  set  off  with  me  for  the  mouth 
of  the  Sorel."  They  embarked  on  a  bateau  from 
Montreal,  and  when  the  wind  was  against  them  took 
post.  At  La  Nore  they  got  into  a  canoe  and  were 
paddled  down  the  St.  Lawrence  the  remaining  nine 
miles.  The  journal  says  :  *'  In  going  from  La  Nore 
to  the  mouth  of  the  Sorel,  we  passed  by  Brown's 
battery  (as  it  is  called),  although  it  never  had  a  can- 
non mounted  on  it.  To  this  battery  without  can- 
non, and  to  a  single  gondola,  ten  or  twelve  vessels 
under  the  command  of  Colonel  Prescott  surrendered." 
This  was  accomplished  by  a  clever  ruse  of  the  Ameri- 
can  Major,  which  the  journal  details.  Carroll  adds  : 
*  We  found  the  discipline  of  our  camp  very  remiss, 
and  everything  in  confusion.  General  Thomas,  who 
was  ill  of  the  small  pox,  had  but  lately  resigned  the 
command  to  Thompson,  by  whose  activity  things 
were  soon  put  on  a  better  footing."  ^ 

On  the  22d  the  Commissioners  left  the  camp  for 


^Ibid.,  p.  587, 588. 


"^Ibid.y  592. 


'  Appendix  B. 


\  ,1'    ' 


Ai  So  re  I  and  Chamblay. 


'6s 


Cliamblay  on  the  Sorcl  River,  whicli  place  they 
reached  the  following  morning,  having  made  the 
journey  by  land.  They  had  in  the  meantime  ordered 
a  detachment  under  Colonel  De  Haa.s  to  reinforce 
General  Arnold,  and  together  these  two  commands 
were  to  drive  off  the  force  of  Ikitish  and  Indians, 
who  had  taken  the  post  at  the  Cedars,  and  were  ad- 
vancing on  Montreal.  At  Chamblay  the  Commission- 
ers found  the  same  confusion  and  disorder  as  at 
Sorel,  and  the  Americans  without  credit  and  without 
money.  They  had  to  advance  some  silver  coin  to 
pay  for  the  carriage  of  three  barrels  of  gunpowder 
down  the  river,  the  officer  in  charge  of  the  guard 
not  having  a  shilling.  They  returned  to  Montreal 
that  evening,  and  Dc  Haas's  detachment  arrived  the 
next  day,  marching  out  on  the  25th  to  join  General 
Arnold  at  La  Chine.  "  They  were  detained,"  writes 
Carroll,  **  from  want  of  many  necessaries  which  we 
were  obliged  to  procure  for  them,  General  Wooster 
being  without  money,  or  pretending  to  be  so."  ' 

Chase  and  Carroll  wrote  a  note  to  General  Wooster 
on  the  25th  of  May  desiring  him  to  forward  a  com- 
munication for  them  "  by  the  Express  to  St.  Johns," 
which  they  presume  he  will  send  off.  They  add  : 
"  Unless  immediate  steps  are  taken  to  procure  pro- 
visions for  the  Army,  the  Soldiers  must  starve  or 
plunder  the  Inhabitants.  It  is  a  Duty  incumbent 
on  our  Generals  to  prevent  such  a  dreadful  scene  by 
every  means  in  their  power."  '^ 

The  President  of  Congress  wrote  to  the  Commis- 
sioners on  the  24th,  General  Thompson  and  General 


<  \ 


•ll'i 


1- 


I' 


s. 


^Ibid, 


MS  :  Letter,  Simon  Clratz,  Philadelphia. 


) 


\ 


1 66  Charles  Carroll  of  Carrollton. 

Thomas  wrote  to  them  on  the  25th,  and  General 
Arnold  on  the  27th.'  The  followintj  is  the  reply  of 
Chase  and  Carroll  to  the  letter  of  (General  Thomas. 
The  latter,  unfortunately,  fell  a  victim,  soon  after, 
to  the  dread  disease  from  which  he  was  then  suffering. 


Sir: 


MfjNTRl'Ai.,  May  26th,  1776. 


We  are  favored  with  yours  of  yesterday  from  Cliam- 
blay.  Wc  went  to  Sorel  on  purpose  to  learn  the  condi- 
tion of  our  army  and  to  know  the  sentiments  of  the 
general  officers  respecting  the  future  operations  of  the 
campaign.  We  expected  to  have  had  the  pleasure  of 
meeting  with  you  there.  On  our  way  to  Sorel  we  were 
informed  of  your  being  taken  ill  with  the  small-pox,  and 
that  you  had  left  the  camp.  We  hoped  to  have  found 
you  at  Chamblay,  and  to  converse  with  you  on  the  state 
of  our  affairs  in  this  country  was  the  principal  end  of  our 
journey  thither  ;  unluckily  we  passed  you  on  the  road. 

In  the  present  situation  of  the  army,  we  think  it  would 
be  impracticable  to  occupy  and  fortify  the  posts  of  Des- 
chambault  and  Jacques  Cartier.  We  are  sorry  to  find  so 
little  discipline  in  the  army,  and  that  it  is  so  badly  pro- 
vided in  every  respect.  We  have  sometime  since  written 
pressingly  to  Congress  for  hard  money,  without  which 
we  believe  it  impossible  to  relieve  our  wants.  The  most 
immediate  and  pressing  necessity  is  the  want  of  flour. 
We  have  advised  General  Woosler  to  issue  an  order  to 
the  town  major  to  wait  on  the  merchants  or  others  hav- 
ing provisions  or  merchandise  for  sale  and  request  a 
delivery  of  what  the  soldiers  are  in  immediate  want  of, 
and  pledge  the  faith  of  the  United  Colonies  for  pay- 
ment ;  and  have  given  it  as  our  opinion,  that  on  refusal, 

'  American  Archives,  vi.,  558,  593,  596, 


Flour  Wanted  for  the  Soldiers.         167 


our  necessity  requires  that  force  should  be  used  to  com- 
pel a  delivery. 

We  have  advised  the  General  to  issue  a  similar  order 
to  Messrs.  Price  and  McCarty.  The  (ieneral  has  com- 
plied with  our  advice  in  both  instances,  and  yesterday 
evening  dispatched  an  express  to  St.  Johns  with  a  letter 
to  those  gentlemen.  We  wrote  to  them  by  the  same  op- 
l)ortunity  our  sentiments.  Flour  is  not  to  be  procured 
in  any  considerable  (juantity  on  tiiis  island.  Unless 
immediate  steps  be  taken  to  secure  rge  quantities  of 
wheat,  and  have  it  ground  up  into  flour  with  the  utmost 
dispatch,  the  army  will  be  reduc:  '  to  t'^e  gre";  ;st  .straits 
for  want  of  bread.  We  most  earnestly  inticat  you  to  turn 
'  our  attention  to  this  matter,  and  to  'jc  all  the  means 
which  your  prudence  wi.l  suggest  to  procure  flour  for  the 
troops.  None  is  to  be  expected,  at  lea.- 1  for  some  time, 
from  over  the  lakes.  Our  soldiers  will  be  soon  rcdnrcd 
to  the  dreadful  alternative  of  starving,  or  of  plundering 
the  inhabitants  ;  the  latter  will  surely  happen  if  our  troops 
should  not  be  supplied  with  bread  in  a  regular  way. 

Their  other  immediate  wants  may  in  some  measure  be 
relieved  by  compelling  a  delivery  of  some  goods  on  the 
same  terms  with  wheat  and  flour.  This,  however,  we 
confess  a  violent  remedy,  which  nothing  can  justify  but 
the  most  urgent  necessity,  and  therefore  cannot  be  long 
pursued  without  drawing  on  us  the  resentment  of  the 
inhabitants.  In  short,  sir,  without  a  speedy  supply  of 
hard  money  it  appears  to  us  next  to  impossible  to  remain 
in  Canada,  even  if  we  had  no  enemy  but  the  inhabitants 
to  contend  with. 

We  have  already  mentioned  the  bad  discipline  of  the 
army.  It  is  no  doubt  ir.  a  great  measure  owing  to  the 
cause  assigned  in  one  of  your  letters,  the  short  enlist- 
ments.   But  there  appear  to  us  other  causes  ;  the  officers 


Hi 


I, 'I 


'J  '     hfi 


;  k!  K 


\    ill 


1 68         Char'les  Carroll  of  Carrollton. 


'  .< 


!'   ' 


r 


are  not  sufficiently  active,  nor  do  they  seem  actuated  by 
those  disinterested  principles  and  generous  sentiments 
which  might  be  expected  from  men  fighting  in  so  just 
and  glorious  a  cause.  We  would  not  be  understood  to 
cast  a  general  reflection.  There  are  many  officers,  we 
are  satisfied,  who  act  upon  the  noblest  motives,  but  it 
gives  us  pain  to  assert  on  the  best  information,  that  there 
are  several  whose  conduct  has  too  plainly  proved  them 
unworthy  of  the  character  and  trust  conferred  on  them 
by  their  countrymen.  We  have  mentioned  our  senti- 
ments with  freedom.  We  shall  always  give  our  opinions 
with  the  same  ;  we  mean  not  to  dictate  but  to  advise  with 
you  and  the  general  officers  on  the  most  effectual  ways 
and  means  of  extricating  ourselves  from  our  present  diffi- 
culties and  promoting  the  general  service. 

As  by  this  time  the  virulence  of  your  disorder  we 
hope  is  abated,  we  recommend  a  meeting  of  the  general 
officers  at  Chamblay  to  consult  about,  and  agree  upon 
the  future  operations  of  the  war  in  Canada.  The  en- 
closed copy  of  General  Arnold's  last  letter  will  give  you 
the  best  intelligence  respecting  the  affair  at  the  Cedars, 
and  the  actual  state  of  the  enemy,  and  our  forces  on  this 
island.  Col.  De  Haas  marched  yesterday  evening  from 
this  town  at  six  o'clock,  with  400  men  to  La  Chine. 
We  flatter  ourselves  we  shall  drive  the  enemy  off  the 
island,  redeem  our  prisoners,  and  recover  our  post  at  the 
Cedars.  We  are  with  sincere  wishes  for  your  speedy 
recovery.  Sir, 

Your  most  obedient  humble  servants 
Samuel  Chase, 
Ch.  Carroll  of  Carrollton. 

Major  General  Thomas.' 


*  Sparks  MSS  :,  Harvard  College  Library. 


X^t 


General  Woosters  hicapacity.  169 


The  last  letter  of  the  Commissioners  to  Congress 
was  written  from  Montreal  on  the  27th  of  May,  in 
which  they  sum  up  the  woes  of  the  army :  without 
meat,  bread,  tents,  shoes,  stockings,  shirts ;  and  out 
of  the  four  thousand  men,  four  hundred  sick  with 
different  disorders. 


i.i 


**\Ve  cannot  find  words  strong  enough,  to  discribe  our 
miserable  situation  ;  you  will  have  a  faint  idea  of  it,  if 
you  figure  to  yourself  an  army  broken  and  disheartened, 
half  of  it  under  inoculation,  or  under  other  diseases  ; 
soldiers  without  pay,  without  discipline,  and  altogether 
reduced  to  live  from  hand  to  mouth,  depending  on  the 
scanty  and  precarious  supplies  of  a  few  half-starved 
cattle,  and  trifling  quantities  of  flour  which  have  hitherto 
been  picked  up  in  different  parts  of  the  country." 

The  Commissioners  inform  Congress  that  they  had 
induced  General  Wooster  not  to  take  command  at 
Sorel,  when  General  Thomas  upon  being  taken  sick 
with  smallpox,  had  written  for  him.  And  they  state 
plainly  their  sentiments  as  to  this  officer's  incompe- 
tency :  "  General  Wooster  is,  in  our  opinion,  unfit — 
totally  unfit — to  command  your  army,  and  conduct 
the  war.  We  have  hitherto  prevailed  on  him 
to  remain  in  Montreal.  His  stay  in  this  Colony  is 
unnecessary,  and  even  prejudicial  to  our  affairs. 
We  would  therefore  humbly  advise  his  recall."  * 

The  time  was  now  at  hand  when  they  were  at 
liberty  themselves  to  leave  this  discouraging  theatre 
of  action,  these  impromptu  generals,  commissaries, 
contractors,  and  justices  of   the  peace.     They  had 

•  American  Archives,  vi.,  589. 


.1 


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1 70         Charles  Carroll  of  Carrolltoft. 

recommended,  as  we  have  seen,  a  council  of  war  at 
Chamblay  to  decide  on  the  future  campaign,  and 
Charles  Carroll  says  in  his  journal  that  they  left 
Montreal  at  three  o'clock  on  the  afternoon  of  the 
29th  to  attend  this  council.  It  was  held  on  the 
30th  and  the  decision  was  to  "  maintain  possession 
of  the  country  between  the  St.  Lawrence  and  Sorel, 
if  possible ;  in  the  meantime  to  dispose  matters  so 
as  to  make  an  orderly  retreat  out  of  Canada."  ' 

The  Commissioners  visited  St.  Johns  the  next  day, 
General  Sullivan  having  arrived  there  the  night 
before  with  fourteen  hundred  men.  Chase  and 
Carroll  sailed  from  St.  John's  June  1st,  on  their  way 
back  to  Philadelphia,  arrived  at  Crown  Point  on  the 
evening  of  the  3d,  and  rowing  all  night,  reached 
Ticonderoga  at  one  in  the  morning,  where  they 
were  welcomed  by  General  Schuyler. ' 

The  Rev.  John  Carroll  wrote  from  Philadelphia, 
June  2d,  to  his  cousin  Charles  Carroll,  senior,  giving 
the  latter  the  news  from  his  son.  He  tells  of  having 
just  arrived  two  days  before,  with  Doctor  Franklin  : 


» ,  ■  '■ 


%  ,'  \ 


"  Cousin  Charles  and  Mr.  Chase  left  Montreal  with  me 
on  the  12th  of  May,  that  they  might  not  be  in  any  danger 
from  a  frigate  running  up  the  river,  and  getting  between 
them  and  the  eastern  shore  of  St.  Lawrence.  As  Doctor 
Franklin  determined  to  return  to  Philadelphia  on  ac- 
count of  his  health,  X  resolved  to  accompany  him,  seeing 
it  was  out  of  my  power  to  be  of  any  service  after  the 
Commissioners  had  thought  it  advisable  for  them  to  leave 
Montreal.     Your  son  and  Mr.  Chase  proposed  staying  at 


'  Appendix  B. 


"  Unci. 


Letter  of  Rev.  John  Carroll.  171 


St.  John's  or  in  that  neighborhood,  till  they  should  know 
whether  our  army  would  keep  post  at  De  Chambeau 
[Deschambault]  ;  and  the  former  desired  me  to  give  you 
notice  of  his  being  safe  and  well.  .  .  .  When  I  left  him 
he  expected  to  follow  us  in  a  few  days  ;  but  Mr.  Hancock 
tells  me  that  if  an  express  sent  some  days  since  from 
Congress  reaches  them  before  they  have  left  Canada,  he 
is  of  opinion  they  will  continue  there  for  some  time.  I 
shall  set  out  from  hence,  next  week  and  propose  doing 
myself  the  pleasure  of  calling  at  Elkridgc.  My  affection- 
ate and  respectful  compliments  to  Mrs.  Darnall  and 
Carroll,  witii  love  to  Polly.  Nothing  new  from  Canada, 
nor  indeed  any  advices  at  all  since  we  left  it.  Great 
divisions  here  between  the  contending  parties.  .  .  , 
Ten  tons  of  powder,  five  hundred  small  arms  came  in 
yesterday.  Cousin  Charles  received  large  packets  of 
letters  from  you  a  few  days  before  v/e  left  Montreal." ' 

Charles  Carroll,  continuing  his  journal,  tells  how 
he  and  Mr.  Chase  set  off  w^ith  their  friend  General 
Schuyler  at  five  on  the  morning  of  the  4th  hauling 
their  bateaux  "  over  the  carrying  place  at  Skeencs- 
borough  into  Wood  Creek."  They  stop  to  admire 
the  saw-mill,  grist-mill,  and  forge  built  by  Major 
Skeene,  row  up  Wood  Creek  ten  miles,  and  then 
lie  all  night  on  board  the  boat.  They  are  off  again 
by  three  o'clock  the  next  morning,  rowing  up  the 
serpentine,  and  winding  river  or  creek,  and  at  one 
place  obliged  to  land  where  the  trees  and  brushwood 
have  been  piled  across  the  water,  while  the  crew 
carry  the  boat  through  the  narrow  channel  that  is 
open.     Carroll  walks,  with  General  Schuyler  as  his 

'  Maryland  Historical  Society's  "  Centennial  Memorial,"  p.  109. 


I 


!• 


'W 


ill 


If' 


172         Charles  Carroll  of  Carrollton. 


^ 


companion,  seven  miles  when  tliey  meet  horses  sent 
forward  for  them.  They  dine  at  a  house  two  miles 
farther  on,  and  ride  after  dinner  to  Fort  Edward, 
four  miles.  "  Mr.  Chase  joined  us  this  evening," 
says  the  journal,  "  he  took  the  lower  road,  and  was 
obliged  to  walk  part  of  the  way."  They  separated 
from  General  Schuyler  the  next  day,  as  he  was 
obliged  to  return  to  Fort  George,  and  rode  on  to 
Saratoga,  "  but  did  not  find  the  amiable  family 
[the  Schuylers]  at  home." 

Here  they  waited  all  day  for  their  servants  and 
luggage,  and  on  the  morning  of  the  7th  were  off 
again,  taking  a  boat  on  the  Hudson  for  Albany, 
which  place  they  reached  at  half  past  five,  and  in 
half  an  hour  they  were  on  a  sloop  which  was  just 
ready  to  sail  for  New  York.  They  arrived  in  the 
latter  city  without  further  adventures  at  one  P.  M. 
on  the  9th  where  the  journal  says :  "  Waited  on 
General  Washington  at  Motier's ; — saw  Generals 
Gates  and  Putnam,  and  my  old  acquaintance  and 
friend,  Mr.  Moylan.  About  six  o'clock  in  the  even- 
ing got  into  General  Washington's  barge,  in  com- 
pany with  Lord  Sterling,  and  was  rowed  round  by 
Staten  Island  and  the  Kilns,  within  two  miles  of 
Elizabeth-town,  where  we  got  by  ten  at  night."  ' 
They  reached  Philadelphia  by  boat  at  two  o'clock 
in  the  night  of  June  loth.  And  so  (^tided  this  inter- 
esting and  laborious  episode  in  Charles  Carroll's 
public  career.  General  Washington  sat  down  on 
the  loth,  after  parting  with  the  Commissioners,  and 
wrote  to  the  President  of  Congress : 

'  Appendix  B. 


The  Commissioner's  Rcttirn. 


"^n 


by 
of 


»» 1 


"  Since  I  did  myself  the  honour  of  writing  to  you  yes- 
terday, I  have  had  the  satisfaction  of  seeing,  (and  for  a 
few  minutes  conversing  with,)  Mr.  Chase  and  Mr.  Car- 
roll, from  Canada.  Their  account  of  our  troops,  and  the 
situation  of  affairs  in  that  department,  cannot  possibly 
surprise  you  more  than  it  has  done  me.  But  I  must  not 
touch  upon  the  subject,  which  you  will  be  so  well  in- 
formed of  from  the  fountain  head."  ' 

The  Journal  of  Congress  records  that  on  June 
nth  "  Mr.  Chase  and  Mr.  Carroll  of  Carrollton,  two 
of  the  Commissioners  being  arrived  from  Canada, 
attended  and  gave  an  account  of  their  proceedings 
and  the  state  of  the  army  in  that  country,"  and  on 
the  same  day  Doctor  Franklin  laid  before  Congress 
an  account  of  his  expedition  to  Canada.  The  next 
day  the  Commissioners  sent  in  their  formal  report 
in  writing,  but  this  document,  unfortunately,  has 
been  lost." 

While  still  in  Philadelphia,  attending  the  debates 
of  Congress,  and  resting  from  the  fatigues  of  his 
long  journey,  Charles  Carroll  wrote  the  following 
letter  to  General  Gates,  who  it  was  believed  would 
succeed  to  the  command  in  Canada.  He  had  just 
seen  Gates  in  New  York,  and  he  now  gives  him, 
with  becoming  modesty,  but  with  the  confidence  of 
trained  and  careful  observation,  his  views  as  to  fu- 
ture military  operations  in  the  General's  proposed 
new  field  of  action.  However,  with  the  defeat  of 
General  Sullivan,  the  Americans  were  forced  to 
abandon   Canada  altogether,  and  the  "  success  "  of 

'  Ford's  "  Writings  of  Washington,"  vol.  iv.,  p.  I2g, 

'  Maryland  Historical  Society's  "  Centennial  Memorial,"  p.  37. 


I 


iil 


1 

t    n 

III 

1  ; 

M 

m 


1 74         Charles  Carroll  of  Carrollton. 

General  Gates  was  reserved  for  the  gallant  day  of 
Saratoga. 


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.1       \ 


Philadelphia,  June  14,  1776. 
Dear  Sir  : 

As  you  will  probably  be  appointed  to  the  chief  com- 
mand in  Canada,  I  take  the  liberty  to  suggest  the  follow- 
ing hints.  Your  better  judgment  and  experience,  and 
future  knowledge  of  the  country,  will  enable  you  to  de- 
termine whether  they  are  worthy  of  your  attention. 
However,  as  they  may  possibly  be  of  some  service,  I  will 
hazard  them,  being  convinced  your  good-nature  will  put 
the  most  favorable  construction  on  my  observations. 

Various  are  the  reports  concerning  the  number  of 
troops  to  be  employed  against  us  in  Canada.  Notwith- 
standing it  has  been  given  out  that  Burgoyne  is  to  com- 
mand ten  thousand,  I  much  question  whether  our  enemy's 
force  will  exceed  four.  If  this  should  happen  to  be  the 
case,  our  present  army  in  Canada  is  sufficient,  when  re- 
covered of  the  small-pox.  and  from  the  confusion  which 
bad  discipline,  want  of  provisions  and  other  necessaries, 
and  the  checks  it  has  met  with,  have  occasioned,  to  resist 
the  enemy,  and  keep  possession  of  that  part  of  the  coun- 
try lying  between  the  Sorel  and  the  St.  Lawrence,  and 
above  Montreal  on  each  side  of  the  St.  Lawrence,  The 
enemy's  armed  vessels  will  not  be  able  to  go  higher  up 
the  St.  Lawrence  than  Montreal.  Above  that  city,  the 
vessels  which  they  may  use  will  not  be  an  overmatch 
for  such  vessels  as  we  may  have  on  the  St.  Lawrence, 
above  Montreal. 

If  we  can  repossess  ourselves  of  the  Cedars,  and  fortify 
ii  so  as  that  the  enemy  will  not  be  able  to  force  that 
post,  without  running  the  risk  of  losing  a  great  number 
of  men,  it  is  probable  that  we  shall  cut  off  their  com- 


Letter  to  General  Gates. 


175 


munication  with  the  Indian  tribes,  and  deprive  them  of  the 
Indian  trade.  Will  it  not  be  proper  to  send  a  body  of 
forces  up  the  Mohawk  River,  and  to  Detroit,  to  make  a 
diversion,  and  to  give  employment  to  the  Eighth  Regiment 
posted  there,  and  at  the  different  garrisons  in  what  is 
called  in  Canada,  the  upper  country  ?  In  keeping  pos- 
session of  the  Sorel,  and  adjacent  country,  we  shall  de- 
prive the  enemy  of  large  supplies  of  wheat,  for  in  that 
part  the  most  wheat  is  made.  It  is  a  woody  country, 
and  by  intrenching,  making  abbaties,  breaking  up  the 
roads,  harassing  the  enemy  on  their  march,  and  reducing 
the  campaign  to  a  war  of  posts,  in  forcing  of  which  they 
will  lose  many  men,  v/e  may  probably  keep  a  footing  in 
Canada  this  summer  and  fall. 

Toward  the  middle  of  October,  a  strong  reinforcement 
(of  ten  thousand  men  if  they  can  be  spared)  should  be 
sent  into  Canada,  well  provided  in  every  respect.  This 
body,  joined  to  our  other  forces  will  probably  compel 
the  enemy  to  retire  into,  or  under  the  walls  of,  Quebec, 
In  that  case,  the  passes  of  Jacques  Cartier  and  Descham- 
bault,  should  be  instantly  secured,  and  the  latter  so 
well  fortified,  as  to  render  the  enemy's  passage,  next 
spring,  through  the  falls  of  Richelieu  impracticable. 

Their  shipping  will  be  obliged  to  fall  below  Descham- 
bault,  by  the  latter  end  of  October.  If  by  fortifying 
the  eminences  at  Deschambault,  and  obstructing  the 
navigation,  by  which  means  the  enemy's  vessels  should 
be  prevented  from  coming  up  the  St.  Lawrence,  next 
spring  and  summer,  we  may  keep  possession  of  all  that 
part  of  Canada  lying  above  Deschambault,  the  country 
below  it  is  not  worth  holding.  Good  use  muit  be  made 
of  the  fall  and  winter  in  constructing  gondolas,  and,  if 
necessary,  a  36  gun  frigate  to  be  employed  above  the  falls 
of  Richelieu.     This  frigate  and  the  gondolas,  will  serve 


I  \\ 


n: 


I; 


■'1 


h'-.. 


t 


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fi      .It 

,1  !i: 


1 76         Charles  Carroll  of  Carrollion. 

to  obstruct  the  enemy's  vessels  attempting  to  come 
through  the  falls  of  Richelieu,  and  may  give  us  the  entire 
command  of  the  river  St.  Lawrence  above  those  falls. 
Should  this  happen  the  enemy  must  have  next  year  a 
very  strong  army  indeed  to  reduce  Canada,  as  their 
march  by  land  on  the  north  side  of  the  St.  Lawrence 
would  be  rendered  dangerous  and  difficult,  through  a 
woody  country  intersected  by  several  large  rivers,  in 
passing  which  they  might  be  opposed  with  great  advan- 
tage, by  our  shipping  and  land  army  acting  in  conjunc- 
tion. 

I  beg  your  suspicions  of  Gen.  Schuyler  may  not  pre- 
judice you  against  him.  See  with  your  own  eyes,  and 
all  your  suspicions  will  vanish.  I  am  confident  that 
you  will  judge  very  differently  of  him  on  acquaintance, 
and  that  you  will  find  him  a  diligent,  active  and  deserv- 
ing officer.  I  hope  a  good  understanding  may  subsist 
between  you,  as  it  will  promote  the  service.  God  grant 
you  success  and  health.  My  respectful  compliments 
to  Gen,  Washington,  and  remembrances  to  Gen.  Mifflin 
and  my  friend  Moylan. 

I  am  etc. 

Ch.  Carroll  of  Carrollton.' 

'  Sparks  MSS  :  Harvard  College  Library. 


CHAPTER  VI. 


A   CONSTITUTION   MAKER. 


T 


1 776- 1 777. 

HE  Maryland  Convention  met  in  Annapolis, 
May  8th,  1776,  while  Charles  Carroll  of  Car- 
rollton  was  in  Canada,  Anne  Arundel  County  being 
represented  by  Charles  Carroll,  barrister,  and  Thomas 
Johnson.  They  passed  the  following  resolution, 
among  others,  to  be  sent  to  the  Maryland  delegates 
in  Congress : 

"  That  as  this  Convention  is  firmly  persuaded  that  a 
reunion  with  Great  Britain  on  constitutional  principles 
would  most  effectually  secure  the  rights  and  liberties, 
and  increase  the  strength  and  promote  the  happiness  of 
the  whole  empire,  objects  which  this  province  hath  ever 
had  in  view,  the  said  deputies  are  bound  and  directed 
to  govern  themselves  by  the  instructions  in  its  session 
of  December  last,  in  the  same  manner  as  if  the  said 
instructions  were  particularly  repeated."  * 

This  resolve  precluded  the  Maryland  delegates 
from  concurring  in  any  movement  for  independ- 
ence, and  was  heard  of  with  dismay  by  Carroll  and 

'  Journal  of  the  Convention. 


VOL.   I— 12 


177 


M 


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1 


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■« 


v 


I 

ii 


•    I 


1 78         Charles  Carroll  of  Carrolllon. 


pi  1  \ 


Chase,  and  other  members  of  the  advanced  party. 
A  new  Convention,  however,  was  called  to  meet 
the  2 1st  of  June,  and  Samuel  Chase  was  in  his 
seat  on  that  day,  Charles  Carroll  of  Carrollton 
appearing  in  the  house  on  Monday,  June  24th. 
Four  days  later,  June  28th,  the  Convention, — 

"  Resolved,  that  the  instructions  given  by  the  Con- 
vention of  December  last  (and  renewed  by  the  Conven- 
tion in  May)  to  the  deputies  of  this  Colony  in  Congress 
be  recalled,  and  the  restrictions  therein  contained  re- 
moved ;  that  the  deputies  of  this  Colony  attending  in 
Congress,  or  a  majority  of  them,  or  any  three  or  more 
of  them,  be  authorized  and  empowered  to  concur  with 
the  other  united  Colonies,  or  a  majority  of  them  in 
declaring  the  United  Colonies  free  and  independent 
States,  provided  the  sole  and  exclusive  right  of  regulat" 
ing  the  internal  government  and  police  of  this  Colony 
be  reserved  to  the  people  thereof."  ' 

On  the  3d  of  July  a  resolution  was  passed  in  refer- 
ence to  the  election  of  a  new  Convention  for  the 
purpose  of  framing  a  form  of  government,  and  on 
the  4th,  delegates  were  elected  to  Congress.  These 
were  Matthew  Tilghman,  Thomas  Johnson,  William 
Paca,  Samuel  Chase,  Thomas  Stone,  and  Charles 
Carroll  of  Carrollton.  On  the  6th  of  July  the  Con- 
vention adjourned,  after  giving  to  the  people,  "  A 
Declaration  of  the  Delegates  of  Maryland  "  which 
recited  the  wrongs  sustained  by  the  Colonies,  and 
stated  the  necessity  for  a  separation  of  Maryland 
from  the  mother  country,  the  King  of  Great  Britain 
having  "  violated   his  compact  with   this   people." 


Free  and  Independent  States.  1 79 


And  the  Maryland  deputies  in  Congress  were 
empowered  to  join  with  those  of  the  other  Colonies 
"  in  declaring  them  free  and  independent  States, 
in  framing  such  other  Confederacy  between  them, 
in  making  foreign  alliances,  and  in  adopting  such 
other  measures  as  shall  be  judged  necessary  for 
the  preservation  of  their  liberties,  etc."  * 

The  important  resolve  of  the  28th  of  June,  which 
placed  Maryland  in  line  with  her  sister  colonies  on 
the  subject  of  independence,  is  attributed  to  Charles 
Carroll  of  Carrollton.'  "  Principally  instrumental  in 
obtaining  the  passage  of  this  resolution,"  says  Mc- 
Sherry,  "  was  Charles  Carroll  of  Carrollton,"  and  he 
adds  that,  "  as  a  reward  for  his  labors  in  behalf  of 
the  measure  in  Convention,  he  was  on  the  4th  of 
July  chosen  a  delegate  to  Congress."  " 

Carroll  and  Chase  were  just  from  Philadelphia  and 
they  had  been  able  to  sound  the  temper  of  the  other 
Colonies,  as  expressed  by  their  delegates,  and  knew 
that  public  opinion  was  ripe  for  the  formal  avowal  of 
a  separation  which  already  had  a  de  facto  existence. 
Maryland's  nearest  neighbor  south  of  the  Potomac, 
the  Old  Dominion,  had  early  made  her  splendid  rec- 
ord, under  the  leadership  of  Mason,  Henry,  and  the 
Lees,  as  the  first  of  the  Colonies  to  declare  herself  a 
sovereign  State,  and  Maryland's  impatient  patriots 
could  brook  no  longer  delay.  Samuel  Chase  wrote 
from  the  Convention  on  the  29th  of  June  to  Richard 


.  I. 

il 

I 

\ 

I 


i  h 


Si 


'  Riclgeley's  "  Annals  of  Annapolis,"  p.  177.     Riley's  "  History  of 
Annapolis,"  p.  180. 
'  Scharf's  "  History  of  Maryland,"  vol.  ii.,  p.  231. 
*  McSherry's  "  History  of  Maryland,"  p.  195. 


^ 


./^' 


1  So         Charles  Carroll  of  Carroll/on, 


r      I 


Henry  Lcc,  then  in  Williamsburg:  "I  cannot  but 
envy  our  older  sister,  Virginia,  for  having  adopted 
this  wise  and  salutary  measure  before  us.  I  sliall 
endeavor  to  procure  a  new  Convention  before  we  es- 
tablish a  new  Government.  \\c  pleased  to  com- 
municate to  me  the  plan  proposed  in  your  Colony."  ' 
From  the  Convention  the  Maryland  delegates  has- 
tened back  to  Congress,  carrying  with  them,  among 
their  new  members,  diaries  Carroll  of  Carrollton 
who  took  his  seat  in  this  distinguished  body  on  the 
i8th  of  July,  1776.  The  following  day,  the  Declara- 
tion of  Independence,  passed  on  the  4th  of  July,  was 
ordered  to  be  engrossed  on  parchment,  and  August 
2d  it  was  signed  by  those  then  present,  and  it  was 
on  this  day  that  Charles  Carroll  of  Carrollton  put 
his  signature  to  this  world-renowned  instrument.* 
The  story  often  repeated  and  as  often  denied,  that 
Charles  Carroll  added  "  of  Carrollton  "  to  his  signa- 
ture, when  jestingly  reminded  by  one  of  his  colleagues 
that  there  were  others  of  his  name  in  Maryland,  and 
he  would  therefore  incur  little  risk,  though  a  pretty 
legend  is,  of  course,  not  tenable  as  history.  It  has 
been  seen  that  Charles  Carroll  had  signed  himself  as 
"of  Carrollton"  from  the  time  of  his  return  to 
America  in  1765.  He  wrote  to  his  friend  Edmund 
Jennings  soon  after  his  arrival  in  Maryland,  using  this 
signature,  and  saying  "  by  which  appellation,  if  you 
favor  me  with  an  answer,  direct  to  me  your  letter." ' 


'  MS.:  Letter,  Lee  Papers. 

2  The  Triit/i- Teller,  New  York,  1827,  Article  on  Charles  Carroll 
of  Carrollton. 
^  Appkton' s  y ournal  September  12    1874. 


SigninQ-  the  Declaration, 


i8i 


Carroll 


III  his  letter  to  Mr.  Spraj^uc  of  1830,  he  says  he  took 
the  surname  to  distinguish  him  from  his  father. 

The  Carroll  entries  in  the  Land  OURce  from  1765 
to  1773  distinguish  those  of  the  same  name,  as 
"Charles  Carroll  of  Elk  Ridge"  [Doughorcgan 
Manor],  or  "  Charles  Carroll,  Esq.,"  "  Charles  Carroll 
of  Carrollton,"  "Charles  Carroll,  barrister-at-lavv," 
and  "  Charles  Carroll  the  Younger  "  (of  Duddington 
Manor).  The  last  died  in  1773  leaving  three 
Chnrles  Carrolls  prominent  in  Maryland  in  1776. 
In  he  biographical  sketch  of  Charles  Carroll  of  Car- 
rollton written  by  John  H.  I^.  Latrobe,  eight  years 
before  the  death  of  Mr.  Carroll,  and  submitted  to 
him  for  inspection,  there  is  no  mention  of  the  above 
anecdote,  though  the  other  story  that  usually  goes 
with  it  is  related.  John  Hancock,  the  President  of 
Congress,  after  the  Declaration  had  been  placed 
upon  the  Secretary's  desk,  while  in  conversation 
with  Charles  Carroll  of  Carrollton,  said  to  him  "Will 
you  sign  it  ?  "  "  Most  willingly,"  was  the  prompt 
reply,  and  as  he  made  his  signature,  a  member  stand- 
ing near  observed  "  There  go  a  few  millions,"  and  all 
admitted  that  few  risked  as  much,  in  a  material  sense, 
as  the  wealthy  Marylander.' 

Charles  Carroll  had  been  appointed,  on  the  i8th  of 
July,  the  day  he  took  his  seat,  one  of  a  committee  of 
three,  to  examine  and  report  on  some  intercepted 
correspondence  from  Lord  Howe  to  the  colonial 
governors,  including  Dunmore  of  Virginia  and  Eden 
of  Maryland.  On  the  19th,  he  was  appointed  on  the 
Board  of  War,  increasing  its  number  to  six.     The 

'  Sanderson's  "  Lives  of  the  Signers,"  vol,  vii,,  p.  257. 


,  ( 


/■ 


I 


4 


111 


Ji 


<• 


11 


1 8  2         Charles  Carroll  of  Carrollton, 


M    t 


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I     I   ,. 


Committee  of  Congress,  elected  the  12th  of  June, 
1776,  which  went  under  the  name  of  the  Board  of 
War  and  Ordnance,  as  originally  constituted,  con- 
sisted of  five  members,  John  Adams,  Roger  Sher- 
man, Benjamin  Harrison,  James  Wilson,  and  Edmund 
Rutledge.  Richard  Peters  war,  the  Secretary  of  the 
Board.  They  were  entrusted,  under  the  general  di- 
rection of  Congress,  with  all  the  executive  duties  of 
the  military  department.  They  were  to  forward 
despatches  from  Congress  to  the  armies  in  the  field, 
or  to  the  Colonies  ;  to  superintend  the  raising,  fitting 
out,  and  despatching  the  forces ;  to  keep  a  roster  of 
all  the  officers  in  the  Continental  Army,  their  rank 
and  dates  of  commissions ;  to  have  charge  of  the 
military  provisions,  and  to  keep  an  account  of  them, 
and  of  the  artillery  stores. 

The  Board  of  War  was  to  enter  into  books  copies 
of  all  their  correspondence  and  despatches,  and  a 
seal  Wi*s  adopted  by  them  for  ofificial  purposes.'  It 
will  be  seen  that  this  committee  had  arduous  duties 
to  perform,  and  the  Journals  of  Congress  show 
that  the  most  important  matters  were  being  contin- 
ually referred  to  it.  John  Adams,  the  Chairman  of 
the  Board,  thus  mentions  in  his  autobiography  the 
appointment  of  Carroll : 

"Thursday,  July  18.  Resolved,  That  a  member 
be  added  to  the  Board  of  War.  The  member  chosen 
Mr.  Carroll.  An  excellent  member  whose  educa- 
tion, manners,  and  application  to  business  and  to 
study,  did  honor  to  his  fortune,  the  first  in  Amer- 


ica 


"  a 


'  Journal  of  Congress,  1776. 
'^  Works  of  John  Adams,  vol.  iii,,  p.  60. 


On  the  Board  of  War, 


183 


Charles  Carroll's  information  as  to  military  affairs, 
and  the  state  of  the  army  in  the  North,  derived  from 
his  Canadian  mission,  would  naturally  recommend 
him  for  this  important  committee.  And  one  who 
knew  of  what  he  was  speaking  says  that,  "  during 
the  investigation  by  the  Board  of  the  disputes  aris- 
ing out  of  the  Canada  expedition,  and  in  the  consid- 
eration of  the  movements  of  the  army  in  the  North, 
the  local  knowledge  which  Mr.  Carroll  had  acquired 
in  his  late  journey,  together  with  his  acute  observa- 
tions upon  the  state  of  the  country,  and  the  charac- 
ter and  disposition  of  the  people,  were  of  important 
service." '  That  there  is  no  mention  of  Charles 
Carroll  of  Carrollton  in  the  meagre  Journal  of  Con- 
gress from  July  19th  to  the  close  of  his  stay,  during 
this  session,  Au;^ust  14th  or  15th,  proves  only,  there- 
fore, that  he  was  too  closely  occupied  on  the  Board 
of  War  to  undertake  other  duties.  Letters  and  de- 
spatches were  continually  coming  before  him,  as 
they  were  referred  by  Congress  to  the  Board  of  Wav, 
and  ever)'  few  days  he  united  with  his  colleagues  in 
a  report  which  was  sent  to  Congress,  and  considered 
by  them  in  Committee  of  the  Whole. 

On  the  4th  of  July  the  adoption  of  the  Declara- 
tion of  Independence  was  not  the  only  event  of  the 
day.  More  prosaic  business  occupied  the  attention 
of  Congress  during  part  of  this  time,  and  they  re- 
solved,  among  other  things, 

'  The  Truth-Teller,  New  York,  1827,  Article  on  Charles  Carroll 
of  Carrollton. 


il 


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1 

1 84         Charles  Car^^oll  of  Carrollton. 

"That  the  Board  of  War  be  impowercd  to  employ 
such  a  number  of  persons  as  they  shall  find  necessary  to 
manufacture  flints  for  the  continent,  and  for  this  pur- 
pose to  apply  to  the  respective  Assemblies,  Conventions, 
and  Councils  or  Committees  of  Safety  of  the  United 
American  States,  or  committees  of  inspection  of  the 
counties  and  towns  thereunto  belonging,  for  the  names 
and  places  of  abode  of  persons  skilled  in  the  manufac- 
tory aforesaid,  and  of  the  places  in  their  respective 
States  where  the  best  flint-stones  are  to  be  obtained, 
with  samples  of  the  same."  ' 

It  is  to  this  subject  that  the  following  letter  of  the 
Maryland  delegates,  Chase  and  Carroll,  to  the  Mary- 
land Council  of  Safety,  has  reference. 

Philadelphia,  July  27,  1776. 
Gentlemen  : 

Col.  Smallwood,  apprehending  his  battalion  would  be 
in  want  of  many  necessaries  at  the  camp,  applied  to  us 
for  a  sum  of  money,  and  we  advanced  him  $1,335,  for 
which  he  is  to  be  accountable  to  the  Convention  of 
Maryland.  We  hope  this  advance  will  meet  with  your 
and  their  approbation,  as  not  much  can  be  expected 
from  soldiers  badly  provided,  and  such  is  the  discretion 
and  economy  of  Col.  Smallwood,  that  we  are  persuaded 
he  will  make  a  very  judicious  application  of  this  mone)'. 

The  Congress  has  allowed  a  regimental  paymaster  to 
each  battalion  in  the  Flying-Camp,  the  appointment  of 
which  officer  is  left  to  the  several  States  from  which 
thes°  battalions  come.  In  the  recess  of  our  Convention 
the  appointment  is  in  you,  and  we  beg  you  may  appoint 
one  as  soon  as  may  be.     Col.  Smallwood  recommended 

'  Journal  of  Congress,  1776. 


Flints  to  be  Mamcfac tared. 


185 


wm 

tllii 

'I 


J 


to  us  for  this  place,  Mr.  Christopher  Richmond.  We 
mention  this  circumstance  because  we  know  the  appoint- 
ment of  Mr.  Richmond  will  be  very  agreeable  to  the 
Colonel. 

There  are  now  lodged  in  Mr.  Shries's  house  fifty  odd 
muskets,  lately  imported  for  the  use  of  our  State  ;  they 
want  repairing  and  cleaning.  We  submit  it  to  you 
whether  we  shall  not  keep  these  muskets  here,  to  arm 
in  part  one  of  our  militia  companies  passing  through 
this  city,  and  on  its  way  to  the  Flying-Camp  ;  this  will 
save  the  expense  and  trouble  of  sending  them  to  Mary- 
land. We  are  informed  that  there  are  large  quantities 
of  flint  stones  at  the  landings  on  Wye  and  Choptank 
Rivers  ;  these  were  brought  by  the  ships  as  ballast,  and 
thrown  out  on  the  banks.  The  Congress  has  desired  us 
to  write  to  you  on  the  subject,  and  to  procure  some  per- 
son who  understands  flints,  to  look  after  them,  and  to 
report  to  Congress,  whether  they  are  good  or  not. 

We  have  nothing  new  from  New  York  ;  the  post  is 
not  yet  come  in.  We  heard  from  General  Washington 
yesterday  ;  all  was  quiet.  The  ten  vessels  mentioned  in 
the  papers  appearing  in  the  offing  at  New  York  brought 
over  Highlanders  ;  how  many  we  know  not.  As  the  har- 
vest is  now  over,  we  irnagine  the  militia  Avill  come  in  fast 
to  compose  the  Flying-Camp  ;  and  we  hope  the  Maryland 
militia  will  march  with  all  possible  expedition. 

We  are,  with  regard,  gentlemen,  your  most  obedient, 
humble  servants 

Samuel  Chase. 

Charles  Carroll  of  Carrollton. 

To  the  Hon.  the  Council  of  Safety 
at  Annapolis.' 

*  American  Archives,  vol.  i.,  p.  618  ;  Maryland  Archives,  vol.  xii., 
p.  129. 


.H, 


i 

m 


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ii,.'i 


\ 


1 86         Charles  Carroll  of  Carrollton. 


S^\ 


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\\  y 


lU'lW 


The  new  Convention  appointed  to  frame  a  form 
of  government  for  the  State  of  Maryland,  met  in 
Annapolis,  August  14th,  1776.  William  Paca  and 
Charles  Carroll  of  Carrollton  were  the  delegates 
elected  to  represent  Annapolis,  and  on  the  17th  of 
August  Charles  Carroll,  who  had  recently  arrived 
from  Philadelphia,  took  his  place  in  the  Convention. 
The  resolution  of  Congress  declaring  the  United 
Colonies  free  and  independent  States,  was  the  first 
subject  brought  up  for  consideration,  and  a  resolve 
was  passed,  "  That  this  Convention  will  maintain  the 
freedom  and  independency  of  the  United  States 
with  their  lives  and  fortunes." '  A  committee  of 
three  was  then  appointed,  of  which  Charles  Carroll  of 
Carrollton  was  one,  to  examine  into  and  report 
upon  the  state  of  the  loan  office. 

On  the  election  of  the  members  of  the  committee 
who  were  to  prepare  a  Declaration  of  Rights  and 
Constitution,  the  President  of  the  Convention, 
Matthew  Tilghman,  headed  the  list  ;  and  after  him 
came  Charles  Carroll,  barrister,  William  Paca, 
Charles  Carroll  of  Carrollton,  George  Plater,  Samuel 
Chase,  and  Robert  Goldsborough.  These  were 
among  Maryland's  choicest  spirits.  Four  of  them 
had  been  elected  to  Congress,  and  of  these,  three 
had  just  signed  the  Declaration  of  Independence. 
The  others  had  held  high  places  in  colonial  Mary- 
land and  were  to  associate  their  names  thereafter 
with  her  Revolutionary  history  and  genesis  as  a 
sovereign  State.  Thomas  Stone,  who  had  remained 
in   Congress,  and  represented  Maryland's  interests 

*  Journal  of  the  Convention. 


Jilt:    ' 


Maryland's  Form  of  Government,       187 

there,  sent  a  letter  to  the  Convention  on  the  21st  of 
August  with  resolutions  of  the  former  body  passed 
on  the  26th  of  June  and  17th  of  August,  and  a  com- 
mittee appointed  by  the  Convention  to  consider 
them,  consisted  of  Col.  William  Fitzhugh,  George 
Plater,  and  Charles  Carroll  of  Carrollton. 

The  Declaration  of  Rights  was  brought  in  from 
the  committee  to  the  Convention,  by  George  Plater 
on  the  27th  of  August.  And  on  the  same  day, 
Charles  Carroll,  barrister,  and  two  of  his  colleagues 
from  Anne  Arundel  County,  Brice  Thomas  Beale 
Worthington  and  Samuel  Chase,  asked  leave  to  re- 
sign from  the  Convention,  as  there  were  points  in 
the  plan  of  government  to  which,  by  their  instruc- 
tions from  their  constituents,  they  could  not  accede. 
Worthington  and  Chase  were  subsequently  returned 
as  delegates,  but  Barrister  Carroll  was  not  re-elected, 
very  probably  at  his  own  desire,  and  November  19th 
he  took  his  seat  in  Congress. 

On  the  17th  of  September,  the  last  day  of  the 
Convention,  it  was  voted  that  the  members  of  Con- 
gress present  should  return  to  their  post  of  duty. 
Johnson,  Chase,  and  Paca  had  already  left  the  Con- 
vention several  days  before.  The  Bill  of  Rights  and 
Constitution  were  referred  to  a  future  session  of  the 
Convention,  after  a  motion  had  been  adopted  to 
print  them  and  send  twelve  copies  to  each  county. 
And  when  Col.  Fitzhugh  had  brought  in  his  report 
from  the  committee  to  consider  the  resolutions  of 
Congress,  the  Convention  adjourned. 

The  Maryland  Convention  met  again  on  the  2d 
of  October,  to  perfect  their  work  on  the  State  Con- 


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1 88         Charles  Carroll  of  Carrollton. 

stitution,  having  allowed  their  constituents  time  to 
examine  into  the  merits  of  the  proposed  plan. 
Charles  Carroll  of  Carrollton  was  present  on  the 
roll-call.  On  the  4th  of  October  he  was  placed  on  a 
committee,  with  Samuel  Chase,  William  Paca,  and 
others,  to  prepare  a  scheme  for  the  emission  of  bills 
of  credit,  to  enable  the  State  to  carry  on  its  defence 
against  British  invasion.  A  letter  from  Congress, 
containing  its  resolves  as  to  the  disposition  of  troops 
and  appointment  of  officers,  was  laid  before  a  com- 
mittee of  seven,  which  included  the  Maryland  dele- 
gates to  Congress  who  were  present,  Chase,  Paca, 
and  Charles  Carroll  of  Carrollton. 

Thomas  Johnson  was  added  to  the  committee  on 
his  arrival  from  Philadelphia,  October  7th,  and  the 
reports  of  the  two  committees  were  brought  in  the 
following  day.  The  Convention  resolved  itself  into 
a  Committee  of  the  Whole,  from  day  to  day,  to  con- 
sider and  discuss  the  Declaraton  of  Rights  and  Con- 
stitution. On  Friday,  the  28th  as  the  journal  records, 
Charles  Carroll  had  leave  of  absence  till  the  following 
Wednesday,  "on  account  of  the  indisposition  of  his 
family."  '  But  he  was  in  his  place  again  on  Sunday, 
the  30th,  the  Convention  meeting  on  the  Lord's 
Day,  a  practice  kept  up  by  the  Maryland  legislators, 
one  is  surprised  to  see,  sometime  after  there  was  any 
ostensible  need  for  it. 

Resolutions  not  verj-  friendly  to  her  "  older  Sister, 
Virginia,"  were  passed  by  the  Convention  on  the  30th, 
and  Maryland  here,  unfortunately,  placed  herself  in 
the   position  of   opposing  the  charter  rights  of  a 

'  Journal  of  the  Convention. 


Services  of  the  Two  Car  rolls. 


189 


colony,  the  basis  of  those  State  Rights  so  important 
to  herself  and  to  all  members  of  the  Confederation, 
the  "  United  States."  On  the  31st  the  Bill  of  Rights 
was  reported,  and  as  amended  by  the  Convention 
was  agreed  to  on  the  3d  of  November.  The 
Constitution  was  taken  up  the  following  day,  and 
fully  discussed,  amendments  being  suggested  by 
Jeremiah  Townley  Chase,  Samuel  Chase,  Col.  Wil- 
liam Fitzhugh,  Thomas  Johnson,  and  others,  until 
the  8th,  when  it  was  adopted,  and  the  Convention 
adjourned  November  nth.' 

The  journals  of  public  bodies  in  those  early  days, 
give  for  the  most  part,  but  the  skeleton  framework 
of  their  proceedings,  which  must  be  filled  out, 
wherever  possible,  by  private  and  personal  records. 
The  descendants  of  the  constitution-makers  of  the 
thirteen  Colonies,  and  all  inquiring  students  of  early 
American  institutions,  desire  to  know  as  much  as  is 
attainable  as  to  the  authorship  of  these  charters, 
and  all  obscure  sources  of  information  are  eagerly 
searched  for  and  scanned  in  the  hope  of  discovering 
the  data  sought.  McMahon,  writing  in  1831,  after 
mentioning  that  Thomas  Johnson  and  Robert  Hooc 
took  the  places  on  the  committee  appointed  to  frame 
Maryland's  Declaration  of  Rights  and  Constitution 
vacated  by  the  resignation  of  Samuel  Chase  and 
Barrister  Carroll,  and  that  Chase  though  re-elected 
to  the  Convention  did  not  take  his  seat  again  until 
the  day  on  which  the  committee  reported,  adds  : 
"  The  form  of  government  and  Bill  of  Rights  so 
reported,  were  but  slightly  altered  in  their  passage 

'  Ibid. 


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1 90         Charles  Carroll  of  Carrollton, 


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through  tlie  Convention.  We  know  not  by  whom 
tliey  were  drafted  ;  nor  whether  they  were  the  pro- 
duction of  any  particular  member  or  members  of 
the  Committee."  * 

It  has  subsequently  been  asserted  that  Charles 
Carroll,  barrister,  drafted  the  Declaration  of  Rights,^ 
though  he  did  not  see  it  through  its  several  stages  in 
the  committee  and  in  the  Convention.  This  gentle- 
man, a  graduate  of  Cambridge  and  a  student  of  the 
Temple,  in  legal  learning  and  statesman-like  accom- 
plishments was  not  surpassed  by  any  of  his  associ- 
ates. With  whom  originated  the  first  draft  of  the 
Maryland  Constitution,  if  it  was  the  design  of  any 
one  person,  history  has  not  yet  informed  us,  but  one, 
and  that  the  most  unique  feature  of  this  "  form  of 
government,"  Maryland  owed  to  Charles  Carroll  of 
Carrollton.  This  was  in  relation  to  the  composition 
of  the  Senate,  or  the  manner  of  electing  its  members. 
Of  his  service  in  this  respect,  Charles  Carroll  wrote 
to  a  friend  in  1817  : 

'*  I  was  one  of  the  Committee,  that  framed  the  Consti- 
tution of  this  State,  and  the  mode  of  chusing  the  Senate 
was  suggested  by  me  ;  no  objection  was  made  to  it  in  the 
Committee,  as  I  remember,  except  by  Mr.  Johnson,  who 
disliked  the  Senate's  filling  up  the  vacancies  in  their  own 
body.  I  replied  that  if  the  mode  of  chusing  Senators 
by  Electors  were  deemed  eligible,  the  filling  up  vacancies 
by  that  body  was  inevitable,  as  the  Electors  could  not  be 
convened  to  make  choice  of  a  Senator  on  every  vacancy, 

'  McMahon's  "  History  of  Maryland,"  p.  437. 
2  Hanson's  "  Old  Kent,"  p.  147. 


Constrtiction  of  the  Senate, 


191 


and  that  the  Senate  acting  under  the  sanction  of  an  oath 
and  /'  esprit  de  corps^  would  insure  the  election  of  the 
fittest  men  for  that  station,  nor  do  I  recollect  while  I  was 
in  the  Senate,  that  the  power  intrusted  to  it  in  this  in- 
stance was  ever  abused  and  perverted  to  party  views. 
I  do  not  remember,  at  this  distance  of  time,  whether  this 
part  of  the  Committee's  report  was  objected  to  in  the 
('onvention,  nor  any  report  of  its  debates  and  proceed- 
ings other  than  what  is  to  be  found  in  Hanson's  Edition 
of  the  laws,  nor  what  was  the  understanding  of  that  body 
respecting  the  right  of  the  Governor  of  nomination  to  the 
Council.'' ' 


The  Senate  was  composed  of  fifteen  members, 
who  were  to  be  chosen  by  a  body  of  electors,  fortv 
in  number,  two  from  each  county  and  one  cr/^h  irom 
Annapolis  and  Baltimore.  The  principle  of  the 
representation  of  small  constituencies,  carried  out  in 
the  election  of  the  Lower  House,  was  disregarded 
here,  the  nineteen  counties  and  two  cities  not  being 
parcelled  into  districts  but  attaining  representation 
only  en  masse  in  this  miniature  House  of  Lords.  In 
other  words,  the  State  itself  was  represented  as  a 
whole  or  unit  in,  or  by,  its  Senate  (except  that  nine 
Senators  were  to  be  from  the  Western  Shore),  as 
Maryland  was  herself  to  be  represented  later  in  the 
Senate  of  the  Union.  The  term  of  service  was  for 
five  years.  This  peculiar  construction  of  the  Mary- 
land Senate,  differentiating  it  from  all  similar  bodies 
on  the  continent,  called  forth  much  comment,  many, 
a  majority,  praising  while  others  condemned  it. 

'  MS  :  Letter,  Worthington  C.  Ford. 


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192  Charles  Carroll  of  Carrolltoiu 

Samuel  Chase  is  reported  to  have  declared  his 
warm  approval  in  the  exclamation,  "  It  is  virgin 
gold!  "  '     Ramsay  says: 

*'  Ten  of  the  eleven  States,  whose  legislatures  con- 
sisted of  two  branches,  ordained  that  the  members  of 
both  should  be  elected  by  the  people.  This  rather  made 
two  co-ordinate  houses  of  representatives  than  a  check 
on  a  single  one  by  the  moderation  of  a  select  few.  Mary- 
land adopted  a  singular  plan  for  constituting  an  inde- 
pendent Senate.  .  .  By  these  regulations,  the  Senate 
of  Maryland  consisted  of  men  of  influence,  integrity  and 
ability,  and  such  as  were  a  real  and  beneficial  check  on 
the  hasty  proceedings  of  a  moj-e  numerous  branch  of 
popular  representatives." " 

It  elicited  the  admiration  of  such  political  students 
as  James  Madison  (who  was  probably  the  author 
of  the  defence  of  it  in  The  Federalist^  and 
Dugald  Stewart.  Doubtless  it  suggested  to  the 
framers  of  the  Federal  Constitution  the  mode  of 
constructing  the  United  States  Senate.  Madison, 
in  supporting  the  latter  against  objections  made  to 
it,  points  to  Maryland  as  having  successfully  worked 
out  the  problem.  She  had  disproved  the  charge, 
"  that  a  Senate  appointed  not  immediately  by  the 
people  and  for  the  term  of  six  years,  must  gradually 
acquire  a  dangerous  preeminence  in  the  government, 
and  finally  transform  it  into  a  tyrannical  aristocracy." 
The  experiment  had  been  tried  and  these  fears  had 
proved  fallacious. 

'  McMahon's  "  History  of  Maryland,"  p.  471, 

'Ramsay's  "  History  of  the  American  Revolution,"  vol.  i.,  p.  445. 


^. 


MMMi 


:li 


Tributes  to  its  Excellence, 


193 


"  If  reason  condemns  the  suspicion,  the  same  sentence 
is  pronounced  by  exi)erience.  'I'he  Constitution  of 
Maryland  furnishes  the  most  ai)positc  example.  The 
Senate  of  that  State  is  elected,  as  the  Federal  Senate  Avill 
be,  indirectly  by  the  people,  and  for  a  term  less  by  one 
year  only  than  the  Federal  Senate.  It  is  distinguished, 
also,  by  the  remarkable  prerogative  of  filling  up  its  own 
vacancies  within  the  term  of  its  appointment  ;  and  at  the 
same  time,  is  not  under  the  control  of  any  such  rotation 
as  is  provided  by  the  Federal  Senate.  There  are  some 
other  lesser  distinctions,  which  would  expose  the  former 
to  colorable  objections,  that  do  not  lie  against  the  latter. 
If  the  Federal  Senate,  therefore,  really  contained  the 
danger  which  has  been  so  loudly  proclaimed,  some  symp- 
toms, at  least,  of  a  like  danger  ought  by  this  time  to  have 
been  betrayed  by  the  Senate  of  Maryland  ;  but  no  such 
symptoms  have  appeared.  On  the  contrary,  the  jeal- 
ousies at  first  entertained  by  men  of  the  same  descrip- 
tion with  those  who  view  with  terror  the  correspondent 
part  of  the  Federal  Constitution,  have  been  gradually  ex- 
tinguished by  the  progress  of  the  experiment ;  and  the 
Maryland  Constitution  is  daily  deriving,  from  the  salutary 
operation  of  this  part  of  it,  a  reputation  in  which  it  will 
probably  aot  be  rivalled  by  that  of  any  State  in  the 
Union.'" 

Dugald  Stewart  in  his  lectures  says  of  the  "  Di- 
vision of  the  Legislature,"  as  the  experiment  was 
made  in  America: 

**  In  reviewing  the  various  modes  in  which  this  im- 
provement has  been  effected  in  the  several  States,  it  is 

'  The  Federalist,  No.  LXIII.  (edition  of  1857),     McMahon  gives 

this  as  No.  III.  and  it  was  at  that  time  attributed  without  question 

to  Alexander  Hamilton. 
VOL.  1—13 


Ml 


A  )>i) 


194         Charles  Carroll  of  Caryollton, 

extremely  interesting  to  consider  the  different  expedients 
by  which  they  have  attempted  to  accomplish  the  ends 
secured  in  this  country  by  a  hereditary  nobility.  The 
Constitution  of  Maryland  in  this  respect,  as  well  as  in 
various  others,  reflects  peculiar  honor  on  the  wisdom  of 
its  framers  ;  and  (if  I  have  not  been  mistaken)  the  re- 
sult has  corresponded,  in  a  very  remarkable  degree,  to 
their  expectations." 

In  the  work  fronm  which  Dugald  Stewart  chiefly 
gets  his  information,  "A  Comparative  View  of  the 
Constitutions  of  the  Several  States,"  etc.,  by  William 
Smith  of  South  Carolina,  the  5»-;^juintment  by  elec- 
tors, the  oath  to  select  proper  men,  the  voting  by 
ballot,  and  the  duration  of  five  years,  are  points  in 
the  Maryland  Senate  enumerated  as  "  almost  peculiar 
to  the  Constitution  of  this  State,  and  are  certainly, 
all  of  them,  very  happily  calculated  to  ensure  a 
well-constituted  Senate," ;  and,  continues  Dugald 
Stewart : 

"  Upon  several  occasions  accordingly,  we  are  told  that 
*  their  integrity  and  firmness  have  withstood  the  danger- 
ous and  tumultuous  shocks  of  the  more  numerous  branch,' 
and  '  although  they  have  at  the  moment  been  the  subjects 
of  popular  indignation,  yet  returning  reason  and  modera- 
tion have  always  rewarded  them  with  the  public  esteem 
and  affection.  In  the  other  States,  the  election  of  Sena- 
tors immediately  by  the  people,  has  been  found  not  only 
liable  to  cabal,  but  to  make  the  Senators  too  dependent 
on  leading  and  intriguing  characters  in  the  several 
States.' " ' 

'  Dugald  Stewart's  "  Lectures  on  Political  Economy,"  1856,  Vol. 
ii.,  p.  433.     Smith's  "  Comparative  View,"  etc.,  Philadelphia,  1796. 


;  \ 


High  Character  of  its  Members.         195 


Roger  Brooke  Taney,  who  was  one  of  its  most 
distinguished  members,  bore  his  testimony  to  the 
excellence  of  the  Maryland  Senate,  and  its  value 
as  a  check  upon  the  House  of  Delegates,  an  opinion 
shared  by  his  biographer,  Samuel  Tyler; 

"  The  mode  of  electing  the  Senate  by  Electors  sworn 
to  elect  men  most  distinguished  for  their  wisdom,  talents 
and  virtues  ;  and  their  term  of  service  for  five  years, 
constituted  the  Senate  such  a  body  that  Mr.  Taney 
always  talked  of  his  service  in  it  with  singular  pleasure. 
.  .  .  Upon  several  occasions  the  integrity  and  firm- 
ness of  the  Senate  withstood  the  unwise  course  of  the 
more  popular  branch.  Before  the  adoption  of  the  Con- 
stitution of  the  United  States,  Samuel  Chase  proposed 
in  the  House  of  Delegates  the  issue  of  paper  money, 
and  the  House  approved  it,  but  the  Senate,  under  the 
lead  of  Thomas  Stone  and  Charles  Carroll  of  Carrollton, 
rejected  the  bill."  ' 

In  the  letter  of  Charles  Carroll  of  Carrollton  be- 
fore quoted,  he  says : 

"  That  the  manner  of  electing  Senators  was  approved 
by  the  experience  of  many  years,  and  that  no  incoi  ven- 
ience  resulted  from  the  Senate's  filling  up  vacancies,  can- 
not I  think  be  denied.  When  parties  run  high  the  best 
institutions  afford  but  a  feeble  defence  against  the  pas- 
sions of  interested  or  deluded  men.  Party  spirit  seems 
to  be  abated  [181 7],  and  to  have  lost  much  of  its  viru- 
lence ;  whether  it  will  be  prudent,  in  this  state  of  things 
to  alter  the  mode  of  electing  the  Senate,  I  leave  to  your 
better  judgment." 

'  Tyler's"  Lifeof  Roger  B.  Taney,"  p.  121. 


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It  was  under  Democratic  auspices  in  1807,  that  ef- 
forts were  first  made  to  alter  the  mode  of  electing 
the  Senate.  But  the  bill  for  that  purpose,  passed 
in  the  House,  was  defeated  in  the  Senate,  at  that 
time,  and  on  later  occasions  the  measure  met  with 
similar  opposition.  And  it  was  not  until  1837,  six 
years  after  Charles  Carroll's  death,  that  his  distinct- 
ive part  in  the  State's  early  Constitution  was  altered, 
the  Maryland  Senate  thereby  losing  its  high  charac- 
ter for  conservative  wisdom  and  ability. 

A  letter  from  Charles  Carroll's  father,  written  to 
him  while  he  is  in  the  Convention,  October  21st, 
contains  some  pleasant  little  domestic  details.  He 
thanks  his  son  for  a  present  of  oysters  sent  from 
Annapolis,  and  in  return  despatches  a  barrel  of  ap- 
ples from  the  plantation  home  at  **  Doughoregan  " 
where  the  good  daughter-in-law  is  keeping  house. 
The  elder  Carroll  has  not  been  well,  and  he  writes  : 
"  Molly's  tenderness  and  love  increases  her  appre- 
hensions." The  only  member  of  the  Convention 
mentioned  in  this  letter  is  *'  Mr.  Chace  "  to  whom 
Mr.  Carroll  sends  his  "  service  and  compliments."  ' 

James  Sterett  wrote  from  Baltimore  to  Charles 
Carroll  of  C?rrollton,  December  2nd,  giving  some 
war  news: 


"You  have  no  doubt  heard  of  the  surrender  of  Fort 
Washington  which  was  garrisoned  by  twenty-four  hun- 
dred men,  who  with  the  stores  etc.,  have  fallen  into  the 
hands  of  the  enemy.  It  is  said  our  number  in  killed  and 
woundv^d  is  about  three  hundred,  and  the  enemy's  double 

'  MS  ;  Letter. 


!i    . 


.it: 


First  Session  of  the  Assernbly. 


that  number.  Our  army  have  retreated  as  far  as  New  Ark 
in  the  Jerseys.  It  is  said  they  have  received  certain  in- 
telligence of  their  design  to  come  to  Philadelphia,  and 
that  they  are  embarking  a  number  of  their  troops  either 
to  come  up  the  Delaware  and  make  the  attack  on  both 
sides,  or  amuse  the  Southern  States  that  they  may  not 
send  any  assistance  to  our  General. 

"  I  am 
**  Your  humble  servant, 

Ja.  Sterktt."  * 

The  Continental  Congress  met  in  Baltimore,  De- 
cember 20th,  1776,  and  Charles  Carroll  of  CarroUton 
doubtless  was  in  attendance.  Charles  Carroll, 
barrister,  remained  in  Congress  from  November  19th 
to  the  close  of  the  session,  December  31st.  The 
Congress  was  still  in  Baltimore  in  February,  1777, 
when  the  first  Assembly  of  the  State  of  Maryland 
convened  in  Annapolis,  on  the  5th  of  that  month. 
It  was  called  together  by  the  Council  of  Safety, 
which  now  met  for  the  last  time. 

In  the  small  but  august  body,  the  new  Senate, 
which  took  the  p  :e  of  the  old  Council,  was  in- 
cluded the  st.LiteSinan  who  had  borne  such  an  im- 
portant pa  I  :ii  its  theoretical  construction.  The 
other  members  rlected  to  this  first  Ma  ^'i--.d  Senate 
were  Daniel  )f  St.  Thomas  Jenifer,  George  Plater, 
William  Pacs,  Thomas  Stone,  Joseph  Nicholson, 
Junr.,  Brice  Thomas  Beale  Wcrthington,  Turbutt 
Wright,  Samuel  Wilson,  James  Tilghm,i,n,  Matthew 
Til^'hman,  Robert  Goldsborougli,  Ch Dries  Carroll, 
barrister,  Thomas  Johnson,  ^iirl  Thcavis  Contee. 

'  Maryland  Hi'-  :ricai  Society. 


n' 


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198         Charles  Carroll  of  Carrollton, 

James  Tilghman  declined  to  serve  and  Edward 
Tilghman  was  elected  in  his  place,  but  he  also  refus- 
ing to  serve  Thomas  B.  Hands  was  elected.  Thomas 
Johnson  refusing  the  senatorship — Charles  Grahame 
was  put  in  his  place.  Jenifer  was  elected  President  of 
the  Senate,  and  Richard  Ridgeley  appointed  Clerk. 
The  first  business  before  the  Assembly  was  to  ascer- 
tain the  force  necessary  to  suppress  an  insurrection 
in  Somerset  and  Worcester  Counties.  On  the  8th 
a  committee  was  named  to  draw  up  rules  for  the 
regulation  of  the  Senate,  consisting  of  Matthew 
Tilghman,  Robert  Goldsborough,  and  Charles  Carroll 
of  Carrollton. 

A  few  days  later  there  came  a  message  from  the 
House  of  Delegates  in  regard  to  a  Virginia  rej^l- 
ment  which  was  in  the  service  of  Maryland,  and  was 
no  longer  needed.  Charles  Carroll  of  Carrollton 
carried  the  answer  of  the  Senate  to  the  House,  but 
there  was  a  difference  of  opinion  as  to  what  instruc- 
tions should  be  given  General  Smallwood.  The 
matter  was  settled  by  a  conference  between  the  two 
branches  of  the  Legislature,  and  the  Senate  con- 
ferrees  appointed  were  Matthew  Tilghman  and 
Charles  Carroll  of  Carrollton.  The  order  dismissing 
the  Virginia  regulars  was  countermanded,  and  they 
were  to  be  sent  to  Worcester  and  Somerset  Coun- 
ties. 

The  ballot  for  Governor  was  taken  on  the  13th, 
and  Thomas  Johnson  was  raised  to  this  important 
office.  On  the  election  of  his  five  Councillors  the 
following  day,  Charles  Carroll,  of  Annapolis,  father 
of  the  subject  of  this  memoir,  headed  the  list.     No 


i 


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Dortant 
Drs  the 
father 
.     No 


a 


Bill  opposed  by  Carroll. 


199 


doubt  Mr.  Carroll  and  his  son  both  appreciated  this 
mark  of  confidence  and  esteem.  The  elder  Carroll, 
who  had  so  long  chafed  under  the  political  disabili- 
ties of  his  family  and  friends,  was  now  not  only  to 
see  his  heir  in  the  highest  places  of  the  land,  but 
was  himself  asked  to  accept  a  prominent  position  in 
the  government  of  Maryland.  His  infirm  health, 
perhaps,  was  the  cause  of  his  declining  the  compli- 
ment accorded  him. 

Maryland  elected  her  members  of  Congress  on  the 
15th,  and  the  following  delegates  were  appointed: 
Samuel  Chase,  Benjamin  Rumsey,  William  Smith, 
Charles  Carroll  of  CarroUton,  Thomas  Stone,  and 
William  Paca,  but  Thomas  Stone  declined  the  seat. 
The  Senate  having  thus  put  the  wheels  of  the  ma- 
chine in  motion,  seems  to  have  thought  there  was 
no  further  immediate  need  of  its  services.  The 
temptation  to  attend  the  sessions  of  Congress,  held 
so  near,  may  have  proved  irresistible  to  many  of  the 
members.  For  only  a  few  of  them  came  together 
on  the  25th  of  February,  and  from  day  to  day  after 
wards  until  the  17th  of  March,  when  there  were 
enough  members  present  to  form  a  quorum.  Charles 
Carroll  of  CarroUton,  however,  was  sedulous  in  his 
attendance  all  this  time,  except  for  five  days'  leave 
of  absence,  and  his  name  appears  in  the  journal  as 
active  in  the  work  of  the  Senate  from  March  17th 
until  its  close  the  20th  of  April. 

The  bill  put  ^  the  Senate  for  its  passage  on  the 
9th  of  April,  entitled  "  An  Act  to  make  the  bills  of 
credit  emitted  by  Acts  of  Assembly  and  resolves  of 
the  late  Conventions  a  legal  tender,"  was  opposed 


♦■•' 


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200         Charles  Carroll  of  Carrollton. 

by  Charles  Carroll  on  the  ground  of  its  discrimina- 
tion against  one  class  of  creditors,  and  he  filed 
against  it  the  following  reasons  for  his  vote : 

Dissentient,  Because  1  conceive  this  bill  to  be  ex- 
tremely partial,  affecting  a  particular  class  of  men,  whom 
it  obliges  to  receive  for  money  due  to  them,  the  Conti- 
nental bills  of  credit  and  the  bills  of  credit  of  this  State 
at  their  nc^inal  value,  while  all  others  are  left  at  liberty, 
in  consequ*  i^*"  of  a  real  and  great  depreciation  of  those 
bills,  to  exaci.  i'l  most  exhorbitant  prices  for  their  land, 
the  produce  thcic^f,  and  for  every  other  saleable  com- 
modity. 

Because^  there  is  no  justice  in  punishing  the  innocent, 
to  prevent  the  evil  practices  of  disaffected  persons,  de- 
sirous of  depreciating  our  paper  currencies,  against  the 
future  commission  only  of  which  practices  this  bill  pro- 
vides ;  without  giving  it  a  retrospect,  all  future  monied 
contracts  might  be  made  dischargeable  in  the  Continental 
bills  of  credit,  and  in  the  bills  of  credit  of  this  State, 
which  provision,  I  conceive,  would  remedy  the  mischiefs 
complained  of,  as  far  as  human  laws  can  guard  against 
the  secret  workings  and  devices  of  the  avaricious  and 
artful ;  and  by  providing  that  creditors  shall  receive 
their  interest  in  these  bills  of  credit  at  their  respective 
nominal  values,  and  the  principal  too,  should  they  sue 
for  the  recovery  thereof  during  this  war,  or  in  a  limited 
time  afterwards,  the  only  plausible  argument  in  support 
of  the  bill  would  be  fully  answered,  and  debtors  would 
be  relieved  from  the  accumulation  of  interest,  and  the 
distress  which  that  accumulation  and  the  unfeelingness 
of  their  creditors,  not  so  restrained,  might  otherwise 
heap  upon  them.       Charles  Carroll  of  Carrollton.' 

'  Journal  of  the  Maryland  Senate,  1777. 


mmssntmn 


on.' 


Letter  from  Col,  Fitzgerald. 


20I 


The  Maryland  delegates  to  Congress  received 
their  instructions  from  the  Assembly  at  this  ses- 
sion, on  the  subject  of  bringing  the  States  together 
under  some  written  compact  of  union.  The  Legis- 
lature declared  : 

**  We  have  long  and  impatiently  expected,  that  a  con- 
federacy would  have  been  formed  between  the  United 
States  .  .  .  We  do  therefore  instruct  you  to  move 
for  a  stricter  Union  and  Confederacy  of  the  Thirteen 
United  States,  reserving  expressly  to  the  General  Assem- 
bly of  this  State  the  power  of  confirming  and  ratifying 
the  said  Confederacy,  without  which  ratification  we  shall 
not  consider  it  as  binding  upon  this  State  ;  and  should 
any  other  Colony  solicit  to  be  admitted  into  that  Con- 
federacy, you  are  to  oppose  such  admission  until  the 
General  Assembly  can  be  informed  thereof,  and  their 
consent  obtained  thereto." ' 

Another  point  in  the  instructions  related  to  the 
manner  of  ascertaining  the  quota  of  the  State's 
debt ;  negro  taxables  were  to  be  deemed  and  taken, 
"  as  part  of  our  people  for  the  purpose  of  taxation." 
The  delegates  were  also  to  urge  that  the  proceed- 
ings of  Congress  be  made  public. 

The  following  letter  was  addressed  to  Charles 
Carroll  of  Carrollton  by  Col.  John  Fitzgerald  of 
Alexandria,  Virginia,  who  was  with  the  army  at 
"Vyashington's  headquarters,  a  member  of  Washing- 
ton's staff. 

Morris  Town,  March  sylh,  1777. 
Dear  Sir  : 

Give  me  leave  to  communicate  the  following  piece 
of  intelligence   to   you  which   this  day   we   have   from 

'  Ibid. 


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202         Charles  Carroll  of  Carrollton. 

Boston,  so  well  authenticated  as  not   to  admit   of   the 
least  doubt. 

"On  the  1 8th  inst.  arrived  at  Portsmouth  an  armed 
vessel  of  14  guns  from  France  ;  her  cargo  consists  of 
twelve  thousand  stand  of  arms,  one  thousand  barrels 
of  powder,  flints,  guns  for  the  frigate  there,  woolens, 
linens,  etc.,  etc.  She  has  been  out  42  days.  A  fifty 
gun  ship  sailed  at  the  same  time  and  from  the  same 
place  for  this  port.  She  is  richly  laden  with  heavy 
artillery  and  military  stores.  Two  very  valuable  prizes 
are  now  n'ding  in  this  harbour,  both  from  London. 
Their  cuigoes  are  the  woolens,  linens  and  summer  cloth- 
ing to  a  great  amount.  I  had  almost  forgot  to  tell  you 
that  the  "ou-  cf  France  has  remonstrated  against  any 
more  foreigners  being  sent  to  America,  and  that  upon 
Doctor  Franklin's  arrival  they  demonstrated  their  joy 
by  bonfires  etc."  Another  letter  says  that  a  General, 
a  Colonel  and  a  Major  all  strongly  recommended  by 
Dr.  Franklin  are  come  in  this  vessel. 

This  news,  I  am  sure,  will  be  very  agreeable  to  you 
and  every  other  gentleman  so  strongly  attached  and 
deeply  interested  in  this  dispute.  I  therefore  sincerely 
congratulate  you  thereon,  and  hope  you'll  pardon  the 
liberty  on  my  side  of  beginning  a  correspondence  with 
you.  The  public  prints  will  inform  you  nearly  as  much 
of  our  situation  here  as  I  am  at  liberty  to  mention. 
The  General  is  quite  recovered  from  his  late  indisposi- 
tion. I  shall  be  glad  of  the  honor  of  a  line  from  you 
by  post,  and  am  v/ith  most  respectful  compliments  to 
Mrs.  Carroll  and  family. 
Dear  Sir 

Your  obedie  It,  humble  servant 
John  Fitzgerald.' 

'  Maryland  Historical  Society. 


v.--^- 


:K4i..-»W  WMg*ntlMI 


•  .■"rtii.'«;-t  *'«*»**.«• 


Agaifi  tit  the  Federal  Cottncil.  203 


the 


Robert  Carter  wrote  to  Charles  Carroll  from 
*'  Nomini  Hall,"  in  April  and  Ma)%  about  some  busi- 
ness of  the  Baltimore  Company,  and  in  one  of 
these  letters  he  says,  showing  the  inadequate  postal 
facilities  of  the  period  :  "  There  is  an  intercourse 
between  the  people  here  and  those  residing  in  St. 
Mary's  County,  Maryland,  except  duriig  the  win'.er 
season.  Letters  for  me  forward  to  Leonard  Town 
in  St.  Mary's  will  seldom  lay  long  there." ' 

Charles  Carroll  of  CarroUton  retiirned  to  his  seat 
in  Congress,  May  5th,  1777.  He  had  given  himself 
an  interval  of  fourteen  days  from  the  adjournment 
of  the  Assembly,  April  20th,  to  look  after  his 
domestic  and  plantation  affairs.  Arrived  again  in 
the  Federal  council,  he  resumed  his  former  place 
on  the  Board  of  War.  In  September,  1776,  this 
committee  had  been  charged  with  the  duty  of 
preparing  a  plan  of  military  operations,  and  drawing 
up  resolutions  for  enforcing  and  perfecting  disci- 
pline in  the  army.  Benjamin  Harrison  left  Congress 
about  that  time,  but  on  his  return  in  November 
he  was  immediately  assigned  again  to  the  Board  of 
War.  Francis  Lightfoot  Lee  had  been  placed  upon 
it  in  Harrison's  absence,  and  in  January  Samuel 
Adams  had  been  made  a  member  of  the  Board. 
An  assistant  clerk  was  given  them  in  Mr.  Nourse, 
who  had  been  employed  in  this  capacity  by  Genl. 
Charles  Lee.  One  of  the  duties  of  the  Board  of 
War  after  the  battles  of  Trenton  and  Princeton  was 
to  direct  the  disposition  of  a  number  of  British 
prisoners,  some  of  whom  were  sent  to  Dumfries 
and  some  to  Leesburg  in  Virginia. 

'  Carter  Letter  Books. 


Sv\\ 


,1 


S'    'III 


ij!    ., 


<i^' 


\i 


204         Charles  Carroll  of  Carrollton. 

On  the  1 2th  of  May,  Charles  Carroll  of  Carrollton 
was  added  to  the  Committee  on  Foreign  Applica- 
tions. A  letter  had  been  received  from  General 
Washington,  with  a  copy  of  one  from  Silas  Deane 
of  November  30th,  1776,  brought  to  America  by 
General  Conway — which  after  being  read  by  Con- 
gress were  referred  to  the  above  committee.  Their 
report  was  brought  in  to  Congress  on  the  30th, 
whereupon  it  was  resolved  that  commissions  be 
sent  to  General  Washington  "  for  the  French 
ofificers  lately  arrived  in  the  Ainphitrite,  to  be  filled 
up  agreeable  to  a  list  to  be  forwarded  to  him  by  the 
Committee  ;  the  rank  of  each  class  of  the  said  offi- 
cers to  be  settled  by  the  date  of  their  commissions 
from  the  King  of  France.'  "  Monsieur  de  Coudray, 
the  Chevalier  du  Portail,  Monsieur  de  Laumoy, 
Monsieur  de  Gouvion,  Monsieur  La  Badiere,  and 
other  French  officers  had  been  promised  by  Frank- 
lin and  Deane  certain  appointments  in  the  Ameri- 
can army  which  Congress  was  not  willing  to  confirm. 
And  on  June  25th  the  Committee  on  Foreign 
Applications  brought  in  a  report  concerning  De 
Coudray's  case. 

Congress  in  Committee  of  the  Whole,  July  15th, 
decided  that  the  agreement  made  by  their  agents 
in  France  with  Monsieur  de  Coudray  could  not  be 
carried  out,  but  they  softened  this  decision  by 
assurances  that  they  would  give  him  such  rank 
and  appointments  as  the  honor  and  safety  of  the 
States  and  their  duty  to  their  constituents  per- 
mitted.    The  Board  of  War  was  then  directed  to 

'Journal  of  Congress,  1777. 


On  an  Important  Conwiittcc,  205 


5th. 

[ents 

It  be 

by 

rank 

the 

per- 

to 


lay  before  Congress  a  list  of  the  foreign  ofTiccrs  in 
the  Continental  service,  with  full  details  as  to  their 
rank  in  France  or  any  other  European  state. 
Monsieur  du  Portail  and  his  confreres  who  asked 
for  higher  rank  than  that  agreed  on  between  them 
and  the  American  envoys,  Deane  and  Franklin,  had 
their  memorial  referred  to  the  Board  of  War,  Con- 
gress, upon  its  report,  giving  them  an  answer  in  the 
negative.  But  the  treaty  made  with  them  by  the 
envoys  was  confirmed. 

The  Committee  on  Foreign  Applications  was  an 
adjunct  to  the  Board  of  War.  And  Charles  Carroll, 
from  his  long  residence  in  France  and  his  knowledge 
of  the  language  and  the  people,  was  no  doubt  a 
most  useful  and  acceptable  addition  to  its  members 
William  Duer  was  added  to  the  Board  of  War,  July 
2nd  ;  and  on  the  iSthof  July  Congress  resolved  that 
three  gentlemen,  not  members  of  Congress,  be  ap- 
pointed to  conduct  the  business  of  the  Board  of 
War,  under  the  direction  of  the  present  Board.' 

Samuel  Chase  took  his  seat  in  Congress  July  2ist, 
and  it  is  probable  Charles  Carroll  of  Carrollton  left 
there  soon  after  for  his  plantation  home.  From 
"  Doughoregan  Manor"  he  wrote  to  Dr.  Franklin, 
early  in  August,  giving  him  an  interesting  account 
of  the  progress  of  the  war  and  of  the  condition  of  the 
country.  It  is  evident  he  was  corresponding  at  this 
time  with  Samuel  Chase,  and  it  is  much  to  be  re- 
gretted that  none  of  these  letters  seem  to  have  been 
preserved. 

»  Ibid. 


\ » • 


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2o6         Charles  Carroll  of  Carrollton. 

DOOHORAOEN,  ANNE  ArUNDF.I.  Co.  [Ml).], 

August  12th,  1777. 
Dear  Sir  : 

I  lately  received  a  letter  from  Mr.  Carmichael  to 
which  the  enclosed  is  an  answer.  This  letter  was  without 
date,  nor  could  I  certainly  gather  from  any  circumstances 
contained  in  it,  the  place  of  his  residence.  As  the  busi- 
ness in  which  he  is  engaged  may  occasion  him  to  shift 
frequently  his  abode,  I  request  the  favor  of  you  to  forward 
to  him  the  inclosed  letter,  or  to  deliver  it,  should  he  be 
in  Paris.  I  left  the  letter  open  for  your  perusal,  as  it 
relates  principally  to  public  concerns  ;  when  you  have 
read  it  please  to  seal  it. 

No  doubt  the  secret  committee  will  give  you  a  full  and 
true  account  of  the  present  situation  of  our  affairs  and 
of  our  wants  ;  they  may  not  perhaps  enter  into  the  causes 
of  our  miscarriages  on  Lake  Champlain.  The  loss  of 
the  forts  of  Ticonderoga  and  Mount  Independence,  and 
of  our  stores  must  be  imputed  to  the  dilatoriness  of  the 
New  England  States  in  not  sending  sufficient  forces  to 
defend  the  lines  ;  to  an  unhappy  difference  between 
General  Schuyler  and  Gates,  the  foundation  of  which 
was  laid  before  you  left  Congress  ;  and  lastly  to  the  im- 
providence of  Congress  in  not  giving  positive  orders  for 
evacuating  those  posts  and  the  removal  of  the  stores 
before  the  arrival  of  the  enemy  at  Crown  Point.  The 
campaign  hitherto  has  been  inactive.  General  Howe 
must  have  been  weaker  than  we  imagined,  or  must  have 
wanted  some  essentials,  otherwise  his  remaining  cooped 
up  at  Brunswick  all  the  spring,  must  appear  to  every 
military  man  a  strange  piece  of  conduct. 

The  temperature  of  the  weather  at  that  season,  and  the 
weakness  of  General  Washington's  army,  were  strong  in- 
centitives,  one  would  think,  to  action.     It  is  their  interest 


Letter  to  Dr.  Franklin. 


207 


to  be  active  and  enterprising  in  order  to  finish  the  war 
with  the  utmost  expedition  ;  it  is  ours  to  procrastinate 
and  avoid  a  general  battle.  Perhaps  the  enemy  mean  to 
worry  us  into  slavery  by  a  lingering  and  expensive  war, 
and  despair  of  succeeding  by  open  force,  viribus  et  lacertis. 
The  enemy  will  probably  direct  their  whole  force  this  fall 
against  the  State  of  New  York  with  a  view  to  reduce  it 
entirely,  and  thus  open  a  communication  with  Canada, 
and  render  difficult  and  hazardous  the  communication 
between  the  Eastern  and  Middle  States  ;  whether  they 
will  succeed  in  this  plan  time  must  discover.  The 
chances,  I  think,  are  against  them  if  the  Eastern  and 
Middle  States  exert  themselves,  and  as  their  own  pre- 
servation depends  on  speedy  and  vigorous  exertions,  we 
may  hope  the  enemy  will  be  baffled  in  their  attempt. 

I  flatter  myself  our  struggles  for  Independence  will,  in 
the  end,  be  crowned  with  success,  but  we  must  suffer 
much  in  the  meantime,  and  unless  we  continue  to  receive 
powerful  assistance  in  arms,  ammunition,  and  clothing, 
and  other  warlike  stores,  and  supplies  of  cash  or  a  credit 
in  Europe,  equivalent  thereto,  we  must  sink  under  the 
efforts  of  a  rich  and  inveterate  enemy,  mistress  of  the 
ocean,  and  determined,  it  seems,  to  run  every  hazard  in 
subduing  these  States  to  unconditional  submission. 

My  greatest  apprehensions  arise  from  the  depreciation 
of  our  paper  money  ;  if  we  emit  more  bills  of  credit  they 
will  fall  to  nothing  ;  we  cannot  tax  to  the  amouu  f  the 
charges  of  the  war,  and  of  our  civil  establishments  ;  we 
must  then  raise  money  by  lotteries  or  by  borrowing  : 
But  the  adventurers  in  lotteries  will  be  few,  and  the 
monied  men  will  not  part  with  their  money  without  a 
prospect  of  having  their  interest  paid  punctually,  and  in 
something  that  deserves  the  name  of  money,  and  will 
serve  the  uses  of  it.    If  the  annual  interest  of  the  sums 


T)  k 


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2o,S  Char/cs  Carroll  of  Cavrolltou. 


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borrowed  could  be  i)aid  in  gold  and  silver,  it  would  be 
a  great  inducement  in  monied  men  to  lend  their  money 
to  Congress  ;  where  one  pound  is  now  lent  forty  pounds 
would  then  be  lent.  If  bills  of  exchange  drawn  l)y  C 
gress  on  some  house  in  France  would  be  accepted  to  a 
certain  amount,  considerable  sums  proportionable  to  the 
obtained  credit,  might  be  speedily  raised  by  the  sale  of 
such  bills,  particularly  if  advantages  were  taken  by  the 
public  of  such  exchange.  But  of  these  matters  I  shall 
say  no  more,  as  the  secret  committee  will  certainly  write 
fully  on  the  subject,  and  in  a  more  masterly  manner  than 
I  am  capable  of. 

[  hope  you  continue  to  enjoy  your  health,  and  that 
flow  of  spirits  which  contributed  to  make  the  jaunt  to 
Canada  so  agreeable  to  your  fellow-travellers.     Mr.  Johi 
Carroll,  and  Chase  are  both  well ;   the  latter  is  nov 
Congress,  and  has  been  so  fully  and  constantly  employ  ^  . 
that   I  believe  he   has   not   had   leisure  to  refute  your 
reasons  in  favor  of  the  old  ladies.     I  often  think  of  you 
and  wish  for  your  company  ;  this  I  own  is  selfish,  as  it 
would  be  depriving  you  of   those  pleasures  which  you 
enjoy  in  the  company  and  conversation  of  the  literati  of 
Paris,  and  these  States  of  your  abilities,  and  those  services 
you  have  rendered  and  may  render  them  in  your  present 
station.     If  the  important  occupations  of  it  will  permit,  I 
shall  be  extremely  glad  to  hear  from  you.     I  wish  you 
health,  a  long  continuance  of  it,  and  success  in  your 
negotiations,  and  remain, 
Dear  Sir 
Your  most  obedient  humble  servant 
Charles  Carroll  of  Carrollton. 

P.  S.  In  looking  over  my  letter,  I  find  I  have  omitted 
some  things  which  you  may  be  desirous  to  know  ;  prob- 
ably you  will  be  informed  of  them  by  others,  but  lest 


Anxious  for  a  Cojifcdnacy, 


209 


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oney 
unfis 
C 

I  to  a 
o  the 
lie  of 
)y  the 

shall 

write 
r  than 

d  that 
lunt  to 
r.  Joh*! 
nov 

iplOjf  V. 

e  your 
of  you 
;h,  as  it 
jch  you 
lerati  of 
icrvices 
[present 

rmit,  I 
|ish  you 

n  your 


.TON. 

)tnitted 
prob- 
)Ut  lest 


yon  should  not,  I  shall  mention  such  as  I  think  will  be 
most  interesting  ;  indeed  to  a  person  3000  miles  off,  the 
most  trifling  circumstances  are  interesting.  We  have 
not  yet  confederated,  but  almost  every  member  of  Con- 
gress is  anxious  for  a  Confederacy,  being  sensible  that  a 
Confederacy  formed  on  a  rational  p'.an  will  certainly 
add  much  weight  and  consequence  to  the  United  States 
collectively,  and  give  great  security  to  each  individually, 
and  a  credit  also  to  our  paper  money  ;  Init  I  despair  of 
such  a  Confederacy  as  ought  and  would  take  place  if 
little  and  partial  interests  could  bo  laid  aside  ;  very  few 
and  immaterial  alterations  will  be  made  in  the  report  of 
the  Committee  of  the  whole  house.  This  is  only  my 
opinion,  for  we  have  made  but  very  little  progress  in  the 
house,  in  that  important  affair,  immediate  and  more 
pressing  exigencies  having  from  time  to  time  postponed 
the  consideration  of  it  to  this  day,  when  I  am  informed 
it  is  to  be  again  resumed. 

If  this  war  should  be  of  any  considerable  duration, 
we  shall  want  men  to  recruit  our  armies  ;  could  we 
engage  five  or  six  thousand  men,  Germans,  Swiss,  or  the 
Irish  Brigade  ?  I  have  mentioned  this  matter  to  several 
members  of  Congress,  but  they  did  not  seem  to  relish 
the  introduction  of  foreign  mercenaries.  I  own  it  ought 
to  be  avoided  if  possible.  Handycraft  men  would  be 
very  serviceable  to  us,  such  as  blacksmiths,  shoemakers, 
weavers,  and  persons  skilled  in  the  management  of  hemp 
and  flax. 

One  of  the  greatest  distresses  we  have  yet  felt  is  the 
want  of  salt,  but  I  hope  we  shall  not  be  in  so  great  want  of 
that  essential  article  for  the  future  as  we  have  been.  A 
bushel  of  salt  some  months  ago  was  sold  at  Baltimore 
Town  for  j[^^.  Necessity  is  said  to  be  the  mother  of 
invention  ;    it  surely  is  of   industry  among  a  civilized 

VOL.— 14 


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2IO         Charles  Carroll  of  Carrolltoii, 

people.  Many  private  persons  on  our  sea-coasts  and 
bays,  are  now  making  salt  to  supply  themselves  and  neigh- 
bors ;  these  private  and  the  public  salt-works  together, 
will  in  a  few  months,  J  ope,  yield  a  tolerable  supply  to 
our  people,  and  at  pr.  -.y  reasonable  rates  compared  with 
those  which  have  o'jiained  for  some  time  past.  Perhaps 
the  private  saltmakers  may  afford  to  sell  salt  at  30/  per 
bushel ;  the  undertakers  of  the  public  saltworks  in  this 
State  are  under  contracts  to  sell  what  salt  they  make  at 
5/.  We  are  casting  salt  pans,  but  they  cost  ;^ioo  per 
ton,  and  are  subject  to  crack.  When  our  plating  mills 
get  in  full  work  it  will  be  better  to  make  the  pans  of 
plate-iron,  although  they  will  come  considerably  higher, 
A  large  importation  at  this  time  from  Europe  of  salt 
pans  would  be  very  serviceable  ;  they  would  sell  high. 

The  necessaries  of  life,  except  wheat  and  flour,  are 
risen  to  an  amazing  nominal  price,  owing  to  an  increased 
demand,  and  great  depreciation  of  our  currencies  ;  wheat 
sells  at  6/6  in  this  part  of  the  country ;  the  market  for 
flour  is  very  dull  at  present.  The  price  of  live  stock  of 
all  kinds  is  prodigiously  advanced,  a  cow  for  instance, 
which  a  year  ago  would  have  sold  for  16  only,  would 
now  sell  for  ^18  or  20  ;  cloths,  linens,  and  woolens,  are 
excessive  high.  I  have  a  coat  on,  the  cloth  of  which  is 
not  worth  more  than  10/  a  yard,  and  would  not  have 
cost  more  18  months  ago,  which  lately  cost  me  ;^4,io  a 
yard.  Rye  sells  as  high  as  10/  per  bushel ;  the  distillers 
give  that  price  to  distill  it  into  whiskey  ;  stills  are  set  up 
in  every  cornei  of  the  country,  I  fear  they  will  have  a 
pernicious  effect  on  the  morals  and  health  of  our  people. 

The  months  of  June  and  July  were  pleasant  and 
seasonable  ;  the  spring  was  very  cold  and  dry,  with  late 
frosts.  We  had  a  frost  here  the  28th  of  May  which 
destroyed  our  European  grape-vines  and  apples.     The 


tV  -.. 


Prices  and  the  Crops . 


21  I 


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3   and 

neiglv 
;ether, 
)ply  to 
d  with 
erhaps 
\o/  per 
in  this 
nake  at 
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ig  mills 
pans  of 

higher. 

of   salt 
high, 
lour,  are 
ncreased 
5 ;  wheat 
larket  for 

stock  of 
instance, 
would 

)lens,  are 

which  is 
Inot  have 
^4,io  a 
distillers 

^re  set  up 

11  have  a 
people. 

[sant  and 
with  late 


crops  of  flax  throughojt  this  State  are  bad  ;  the  crops  of 
wheat  and  rye,  in  general,  good.  The  ist  instant  the 
weather  set  in  very  hot,  and  has  continued  so  ever  since  ; 
yesterday  was  the  hottest  day  I  ever  felt,  this  is  almost  as 
bad.  I  have  not  a  thermometer  or  I  would  let  you  know 
the  exact  degree  of  heat.  This  postscript  is  longer  than 
my  letter  ;  excuse  the  length  of  both,  and  believe  me  to 
be,  Dear  Sir, 

Your  affectionate  humble  servant 

Charles  Carroll  of  Carrollton.' 

'  Sparks  MSS  :  Harvard  College  Library. 


V 


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1.1^ 


CHAPTER  VII. 

IN   THE  CONTINENTAL  CONCIRESS. 
1777-1778. 

CHARLES  CARROLL  did  not  remain  long  away 
from  his  public  duties.  And  he  wrote  from 
Philadelphia  an  anxious  letter  to  Governor  Johnson, 
on  hearing  that  Lord  Howe's  fleet  was  in  Chesapeake 
Bay,  the  latter  part  of  August,  1777.  In  September 
he  was  sent  by  Congress  with  Samuel  Chase  and 
John  Penn  to  the  army  to  look  into  its  condition, 
and  he  wrote  to  Governor  Johnson  from  General 
Smallwood's  headquarters  a  report  of  affairs  in  that 
direction. 

August  22iul  1777. 

Dear  Sir  : 

Mr.  Doans  who  got  here  late  yesterday  evening  brought 
me  the  first  authentic  intelligence  of  the  enemy's  grand 
fleet  being  in  our  Bay.  An  express  passed  through  this 
place  Tuesday  morning,  with  an  account  that  part  of  the 
enemy's  fleet  was  off  the  mouth  of  Potomac.  I  could 
not  persuade  myself  that  this  fleet  was  anything  more 
than  some  ships  sent  to  ])illage,  and  collect  stock  ;  but  it 
seems  that  Howe's  army  is  on  board  this  fleet,  and  it  is 

212 


TQ\ 


)ngavvay 
ote  from 
Johnson, 
esapeake 

ptember 

lase  and 

ondition, 

General 

s  in  that 

had  1777- 

tg  brought 
liy's  grand 
[rough  this 
]art  of  the 
I  could 
[ling  more 
Ick  ;  but  it 
It,  and  it  is 


CHARLES  CARROLL. 

ATTORNEY-GEMERAL    OF    MARVLAND. 
1660-1720 


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Letters  to  Governor  yohnson. 


213 


now  plain  he  means  to  land  at  the  head  of  the  Bay. 
Perhaps  he  will  form  an  encampment  on  the  isthmus  or 
narrow  neck  of  land  between  the  two  Bays,  and  thus 
enclose  the  peninsula  lying  between  Chesapeake  and 
Delaware  Bays  ;  from  thence  he  may  flatter  himself  with 
recruiting  his  army  with  the  disaffected  and  supplying  it 
with  provisions. 

Pray  let  me  know  your  determinations.  Do  you  think 
it  proper  to  call  the  Assembly  ?  Can  it  meet  if  you  call 
it  ?  I  suppose  the  enemy's  shipping  will  endeavor  to  cut 
off,  if  it  can  be  done,  the  communication  between  the 
two  shores.  I  imagine  the  militia,  or  a  part  of  it,  will  be 
called  out  and  sent  to  the  head  of  the  Bay  ;  but  what  mag- 
azines are  formed  there  for  their  support  ?  And  what 
can  be  collected  to  feed  our  militia,  and  General  Wash- 
ington's army  in  the  space  even  of  six  weeks  ?  I  imagine 
Howe's  intention  is  to  do  what  1  have  mentioned  above, 
and  when  his  army  is  refreshed  to  move  towards  Phila- 
delphia. I  shall  be  much  obliged  to  you  for  a  few  lines 
informing  me  what  you  think  had  best  be  done  in  our 
present  situation. 

I  received  yesterday  evening  a  letter  from  Col.  Fitz- 
gerald dated  Bucks  County,  twenty  miles  from  Philadel- 
phia, the  19th  instant.  The  following  are  extracts  from 
his  letter  :  "  General  Howe's  not  attempting  to  force  his 
way  to  the  city  was  displeasing  to  both  Whig  and  Tory  ; 
our  army  prayed  most  religiously  for  it,  and  evei  the 
private  men  appeared  individually  concerned  in  defence 
of  it.  It  is  now  a  month  since  General  Howe  sailed  from 
Sandy  Hook,  and  as  yet  s/e  are  unable  to  determine  the 
place  of  his  destination,  having  had  no  account  of  him 
since  he  was  seen  off  Sinepresent.  The  general  opinion 
now  prevailing  is  that  Charles  Town  is  the  object  of  his 
present  views,  in  which  case  as  it  will  be  impossible  for 


■\A  '■ 


. 


-I 


214         Charles  Carroll  of  Carrollton, 


!>i' 


\  } 


\i 


\ 


this  army  to  follow  him  there,  its  operations  will  be 
turned  against  Burgoyne,  and  I  have  no  doubt  will  (if 
it  can  come  up  with  him)  effectually  secure  the  conti- 
nent against  any  future  incursions  from  him. 

Gates,  Lincoln  and  Arnold  are  arrived  at  Albany  ;  re- 
infoicements  have  been  lately  sent  to  them,  Morgan's 
riflemen  among  the  rest,  which  I  am  satisfied  will  be  a 
match  for  them  in  their  own  way.  Some  troops  we  have 
at  Fort  Schuyler  up  the  Mohawk  River,  assisted  by 
the  militia  of  Tryon  County,  have  lately  had  two  skir- 
mishes with  a  party  of  the  enemy  there,  in  both  which 
they  behaved  with  great  bravery,  and  gained  some  con- 
siderable advantage  over  them.  General  Clinton  remains 
on  York  Island,  and  from  the  best  accounts  we  can  get 
has  not  3000  effective  men  with  him,  most  of  them  Hes- 
sians. They  are  building  redoubts  and  breastworks  all 
along  Harlem  River,  and  appear  very  apprehensive  of  a 
visit  from  us.  We  have  had  no  answer  to  the  proposal 
for  the  exchange  of  General  Lee  for  Prescot,  and  I  am 
doubtful  it  will  not  take  place." 

Thus  far  Fitzgerald's  letter.  I  find  by  a  passage  in  it, 
the  prejudices  seem  strong  in  the  army  against  Schuyler 
and  St.  Clair.  I  own  the  conduct  of  the  latter  in  not 
evacuating  those  posts  sooner  appears  very  blameworthy. 
However,  time  will  clear  up  all  these  matters. 
I  heartily  wish  you  well,  and  am 

Your  affectionate  humble  servant 

Ch.  Carroll  of  Carrollton.' 

'  Pennsylvania  Historical  Society.  (A  copy  in  the  Maryland  Hist, 
Society.) 


;i 


IVith  Smallwood  at  Swan  Creek.        2 1 5 


Swan  Crkkk,  8th  September,  1777. 
Dear  Sir  : 

I  beg  the  favor  of  you  to  forward  the  inclosed  by  the 
first  safe  opportunity,  my  father  will  be  anxious  to  hear 
from  me.  Gcnl.  Smallwood  writes  to  you  by  this  oppor- 
tunity and  transmits  a  return  of  the  militia  here,  their 
arms,  ammunition  and  accoutrements,  and  I  suppose  will 
inform  you  he  proposes  to  order  the  militia  to  rendezvous 
at  Johnson's  Ferry.  The  militia  at  this  place  will  march 
to-morrow  for  that  ferry.  I  shall  proceed  to  headquar- 
ters. No  doubt  you  have  better  information  from  Mr. 
Jones  of  the  enemy's  position  and  motions  than  I  can 
collect  at  this  out  of  the  way  place.  Howe  I  hear  is  at 
Aitkens's  Tavern,  five  miles  from  head  of  Elk. 

Col.  Rumsey,  who  is  now  here,  was  Saturday  at  head  of 
Elk  and  made  some  prisoners.  Cornwallis  is  at  Crouch's 
Mills,  Kniphausen  at  Fisher's  Mills,  the  last  distant  from 
Newark  three  miles.  Poor  Alexander  is  gone  along  with 
the  enemy  with  all  his  family.  He  can  never  remain  in 
this  country  unless  in  the  disagreeable  situation  of  seeing 
it  conquered  by  the  enemy  ;  if  he  has  any  virtue,  this 
thought  alone  must  pain  him.  Dr.  H.  Stevenson,  it  is 
said,  cried  like  a  child  when  he  left  his  plantation  in  this 
neighborhood  ;  unfortunate,  misguided  men  !  G  W. 
made  a  speech  (I  am  told  by  one  Rogers  who  keeps  Sus- 
quehanna Ferry)  to  his  army  which  was  received  with 
great  applause ;  officers  and  men  desired  to  be  led  to 
battle. 

Washington  is  said  to  be  at  the  i  cad  of  30,000  men. 
I  believe  this  number  exaggerated  by  at  least  a  third.  I 
believe  General  Smallwood  does  not  intend  to  cross 
Susquehanna  till  he  receives  the  field-pieces,  at  least  not 
to  proceed  near  the  enemy.  General  Washington,  I  am 
sure,  will  not  hazard  a  general  battle.     We  this  day  had 


■  ( 


1|  Hi 'I 


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il; 


2 1 6         Charles  Carroll  of  Carrollton. 


t     :• 


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a  full  view  from  Stony  Point  of  the  enemy's  fleet  lying 
from  the  mouth  of  Elk  to  Sassafras,  but  chiefly  about 
the  mouth  of  Sassafras. 

If  Mr,  Smith  should  be  desirous  to  return  home,  as  it 
appears  he  is  by  a  letter  of  his  I  this  day  saw,  written  to 
Col.  B.  Rumsey,  I  shall  proceed  to  Congress,  and  not  re- 
turn to  join  Smallwood's  brigade  of  militia.  Indeed  I 
already  find  this  kind  of  sauntering  life  extreme'y  disa- 
greeable and  fatiguing,  and  hard  lodging  and  irregular 
hours  of  eating,  begin  to  disagree  with  my  puny  consti- 
tution, and  habit  of  body.  But  perhaps  I  shall  soon  be 
more  inured  to  and  better  able  to  support  the  fatigue  of 
a  campaign. 

I  heartily  wish  you  well,  and  am. 
Your  affectionate  friend, 

Ch.  Carroll  of  Carrollton. 

P.  S. — Please  to  put  my  letter  to  my  father  into  the 
postoffice  at  Baltimore  Town. 

To  His  Excellency 

Thomas  Johnson  Esq  : 
Baltimore.' 

General  Smallwood  wrote  to  Governor  Johnson 
from  Nottingham,  September  14th,  that  he  was 
just  "setting  out  for  Philadelphia  to  join  General 
Washington's  army,"  and  Charles  Carroll  of  Carroll- 
ton added  a  postscript  to  the  letter: 

"  Dear  Sir :  I  shall  proceed  with  General  Small- 
wood  till  he  joins  the  main  army,  and  shall  then 
either  go  to  Congress  or  return  home.  I  am  well 
and  desire  you  will  inform  my  father  thereof  by  the 
first  opportunity."" 

*  MS  :  Letter.  *  Maryland  Historical  Society. 


h  ;i, 


Letters  to  General  lVashi7igton.         2 1  7 


The  following  letters,  on  army  affairs,  one  from 
the  field  and  the  other  from  Congress,  were  written 
by  Charles  Carroll  to  General  Washington  a  little 
later  in  this  same  month. 

Dear  Sir  •  Potts  Grovks,  22nd  September,  1777. 

I  would  just  suggest  the  propriety  o^  sending  some 
active  persons  to  Bristol  and  Trenton  to  impress  wagons 
to  remove  what  continental  stores  are  at  those  places, 
and  may  be  carried  thither  from  Philadelphia  in  conse- 
quence of  your  orders  to  Colonel  Hamilton.  This  meas- 
ure is  the  more  necessary  as  the  order  of  Congress  for 
removing  these  stores  is  suspended  till  their  meeting  at 
Lancaster,  which  may  not  be  for  some  days.  Mr.  Smith, 
one  of  our  delegates,  being  returned  home  I  must  pro- 
ceed to  Congress  to  keep  up  a  representation  from  our 
State. 

I  desire  my  compHments  to  the  gentlemen  in  your 
family,  and  wish  your  Excellency  health  and  success 
against  our  common  enemy. 

I  am  with  great  esteem 

Your  most  obedient  humble  servant 

Ch.  Carroll  of  Carrollton. 

To  his  Excellency 

General  Washington.' 

Dear  Sir  :  Lancaster,  27th  September,  1777, 

I  have  had  some  conversation  with  Mr.  Peters,  secre- 
tary to  our  board,  who  informs  me  that  in  the  month  of 
June  last  looo  tin  cartridge  boxes  were  sent  to  the  Army 
and  delivered  to  a  Captain  French.  Mr.  Peters  more- 
over informs  me  that  to  his  certain  knowledge  several  of 
these  cartridge  boxes  were  converted  by  the  soldiers  into 
'  Washington  MSS  :,  Department  of  State. 


w 


I 


2i8         Charles  Cmrroll  of  CiwroUlon, 


hl> 


M,  , 


^'  il 


^'     V. 


cantines,  and  by  some  officers  into  shaving  boxes.  Com- 
missary Flowers  also  acquainted  me  that  there  are  now  at 
Carlisle  upwards  of  2000  tin  cartridges  boxes  ;  if  these  are 
wanted  in  the  Army  they  may  bef  immediately  sent  for. 

I  am  sorry  to  observe  that  two  officers  in  high  com- 
mand in  our  Army  are  said  to  be  much  addicted  to 
li(luor  ;  what  trust,  what  confidence  can  be  reposed  in 
such  men  ?  They  may  disconcert  the  wisest  and  I  st 
laid  plans.  Such  men  ought  to  be  removed  from  their 
command  and  the  army,  for  their  example,  besides  the 
mischief  which  may  be  occasioned  by  a  clouded  and 
muddled  brain,  will  have  a  pernicious  influence  on  others. 
But  how  are  they  to  be  removed  from  their  command  ?  I 
could  wish  to  know  your  Excellency's  sentiments  on  this 
subject.  The  interest  of  the  best  and  most  glorious 
cause  ought  not  to  be  sacrificed  to  a  false  delicacy. 
These  are  not  times  to  put  into  competition  the  interests 
of  a  few  with  those  of  a  great  community. 

Nothing  but  severe  punishments  will,  in  my  opinion, 
make  the  Commissaries  and  quartermasters  attentive  to 
their  duty  !  Your  Excellency  has  the  power,  and  I  hope 
will  not  want  the  will,  to  punish  such  as  deserve  punish- 
ment. I  hope  your  Excellency  will  excuse  the  freedom 
of  this  letter.  My  zeal  for  our  Country,  and  my  wishes 
for  your  success,  have  impelled  me  to  write  thus  freely 
on  a  subject  which  claims  all  your  attention,  the  reforma- 
tion of  the  army,  and  of  the  abuses  prevalent  in  the  two 
important  departments  of  the  Quarter  Masters  and  Com- 
missary General.  I  am,  with  much  esteem, 

Your  Excellency's  most  obedient  humble  servant, 

Ch.  Carroll  of  Carrollton. 
To  his  Excellency  General  Washington 
at  Head  Quarters.' 

'  Jbid. 


IVcsicrn  Boundaries  of  Slaics.         2 1 9 


Samuel  Cliasc  and  Cliatlcs  Carroll  of  Carrollton 
were  the  only  delegates  present  from  Maryland  when 
Congress  met  at  Lancaster,  Pennsylvania,  September 
27th,  1777.  From  Lancaster  the  Congress  went  to 
Yorktown,  September  30th.  The  Articles  of  Con- 
federation, which  had  been  under  consideration  dur- 
ing the  summer,  were  taken  up,  and  the  provision 
for  voting  in  Congress  discussed.  William  Smith 
was  in  his  scat,  October  7th,  when  the  vote  was 
taken,  and  the  three  Marylanders  opposed  the  mo- 
tion for  representation  according  to  population,  one 
for  every  fifty  thousand  inhabitants.  Two  other 
similar  propositions  were  negatived  by  them,  as  they 
were  by  the  majority  of  the  delegates.  Then  the 
resolution  was  passed,  "  Each  State  shall  have  one 
vote"  in  determining  questions. 

On  the  14th,  the  manner  of  constituting  the  Con- 
gress of  the  United  States  was  considered,  and  it 
was  determined  that  no  State  should  have  less  than 
two  or  more  than  seven  members.  It  was  moved 
in  Congress  the  following  day,  that  it  be  **  recom- 
mended to  the  Legislature  of  each  State  to  lay  be- 
fore Congress  a  description  of  the  territorial  lands  of 
each  of  their  respective  States,  and  a  summary  of 
the  grants,  treaties  and  proofs  upon  which  they  are 
claimed  or  established."  The  Maryland  delegates 
voted  for  this  motion,  but  it  was  defeated.  The  fol- 
lowing extraordinary  proposition  was  also  negatived  : 
"  That  the  United  States  in  Congress  assembled, 
shall  have  the  sole  and  exclusive  right  and  power  to 
ascertain  and  fix  the  western  boundary  of  such  States 
as  claim  to  the  South  Sea,  and  to  dispose  of  all  lands 


'Pi?i 


Ml 


'j  SI 


2  20         diaries  Carroll  of  Carrollton. 


\\\. 


\ 


»  I 


i'l !  * 


beyond  the  boundary  so  ascertained  for  the  benefit 
of  the  United  States."  ' 

A  third  motion,  evidently  made  by  one  of  the 
Maryland  members,  as  Maryland  was  the  only  State 
that  voted  for  it,  was  similar  to  the  one  above,  ex- 
cept that,  after  "  Mississippi  or  South  Sea  "  the 
boundaries  named,  these  words  were  added:  "and 
lay  out  the  land  beyond  the  boundary,  so  ascer- 
tained, into  separate  and  independent  States,  from 
time  to  time,  as  the  numbers  and  circumstances  of 
the  people  thereof  may  require."  The  States  were 
not  disposed  thus  to  sacrifice  their  rights  and  limit 
their  sovereignty,  and  the  single  vote,  outside  of 
Maryland,  given  in  favor  of  this  motion  was  that  of 
Jonathan  Elmer  of  New  Jersey.  When  the  question 
was  finally  put  as  to  the  adoption  of  the  Articles  of 
Confederation,  October  30th,  the  only  member  pres- 
ent from  Maryland  was  William  Smith. 

The  discomfiture  of  Burgoyne  at  Saratoga,  tak- 
ing place  at  this  time,  is  the  theme  of  congratula- 
tion in  the  following  characteristic  letter  from  Mons. 
Pliarne  to  Charles  Carroll  Sr.,  as  it  is  also  in  a  letter 
of  Charles  Carroll  of  Carrollton  to  Richard  Peters, 
Secretary  of  the  Board  of  War. 

Baltimore,  October  16,  1777- 
Sir: 

The  first  use  of  my  time  at  my  arrival  i'"   '  has 

been  to  inquire  for  news  to  convey  to  you,  I  ang  im- 
portant happened  since  Germantown's  affair.  Ml  the 
intelligence  from  the  armies  is  in  a  letter  from  Mr.  Ch.ise 
to  the  Governor.  Mr,  Lux  who  has  got  it  will  give  you 
an  extract  of  it.     You  will  be  surprised  to  see  Fort  Mont- 

'  Journal  of  Congress, 


Defeat  of  General  Burgoyne.  2i\ 

gomcry  taken  without  seeing  Putnam  marching  to  defend 
it.  The  fort  is  about  eight,  ten  miles  ai)ove  I'ickskill 
where  Putnam  is  encamped.  Now  did  the  transports 
going  up  the  river  escape  to  him  ?  I  must  believe  he  has 
acted  for  the  h.est,  but  if  Clinton  goes  so  rapidly  he  will 
be  soon  at  Albany.  Time  will  satisfy  us  belter  than  all 
the  conjectures  ;  few  weeks  will  bring  important  events. 
As  long  as  I  will  be  in  the  way  of  hearing  from  the  arm- 


ies,   be    sure,  Sir,   to    recei 


ve 


all 


possible 


intell 


igence. 


Should  Mr.  (!arroll  leave  the  ('ongress  to  go  to  the  As- 
sembly, I  will  try  to  make  his  absence  in  those  tpiarters 
insensible  to  you  ;  you  will  have  the  news  exactly. 

How  happy  I  will  esteem  myself  if  I  can  convince  you 
of  the  sentiments  you  have  inspired  to  me.  You  don't 
like  compliments,  and  for  fear  you  should  take  for  com- 
pliments the  protestations  of  my  sincere  gratitude  and 
profound  respect,  I  must  keep  within  myself  all  my  feel- 
ings, but  give  me  leave,  Sir,  to  tell  you  in  every  occasion, 
that  I  will  be  truly  happy  if  you  remember  me  sometimes 
to  your  esteem.  I  am  with  a  sincere  respect. 

Sir,  your  most  obedient  humble  servant 

Pliarne. 


i 


.1  i 


P.S. — I  have  tried  all  possible  to  find  a  man  to  come 
with  me  to  York.  None  is  to  be  got.  I  take  the  liberty 
to  bring  your  boy  with  me  to  M.  Buckanan.  I  will  send 
him  to  you  the  same  day,  and  it  will  not  be  difference  to 
you.  Pardon  this  liberty.  My  respectful  compliments 
to  Mrs.  Darnall  and  Mrs.  Carroll.  1  kiss  thousand  times 
Moly,  Charles  and  Nancy. 

In  this  world  good  and  bad  are  so  well  mixed  that  a 
good  thing  is  generally  near  a  bad  one.  Fort  Mont- 
gomery taken  ;  but  Purgoyne  is  defeated.  It  is  now 
Friday,  12  o'clock  noon.  I  just  arrived  at  Mrs.  Buckanan. 
Between  here  and  Baltimore  I  have  met  a  man  at  horse- 


i 


1 


222         Charles  Carroll  of  Carrollton. 


'( i  m 


\  \ 


ii  I. 


1^'-  ;i 


back.  I  have  stopped  him.  Mrs.  Carroll  knows  I  stop 
everybody  upon  the  road.  He  says  to  be  himself  express 
come  to  Congress  from  Albany.  Burgoyne  is  totally 
defeated  ;  the  engagement  took  place  t;he  3d  of  the  month 
and  continued  till  the  next  day.  Great  many  killed  upon 
the  enemy  ;  five,  six  hundred  taken  prisoners,  18  field 
pieces  taken.  This  man  adds  great  many  principal 
officers  of  the  enemy  killed.  But  Burgoyne  was  safe 
in  that  affair.  The  loss  of  the  Americans  is  not  great  ; 
Generals  Arnold  and  Lincoln  both  wounded,  not  danger- 
ously. Ticonderoga  was  yet  in  the  possession  of  Bur- 
goyne, the  French  lines  only  occupied  by  a  party  of 
Americans,  but  all  the  boats  are  destroyed  and  Burgoyne 
cannot  retreat.  The  express  says  for  this  time  he  must 
be  himself  and  the  trifling  remains  of  his  army,  in  the 
possession  of  Gates  who  is  16000  strong.  If  all  this  is 
true.  General  Washington  will  call  soon  that  army  under 
Gates,  and  >vhen  all  the  shipping  at  New  York  will  be 
stopped  by  the  frost,  he  will  force  that  town  and  at  once 
will  take  all  the  British  troops  there,  Staten  Island,  Long 
Island  and  Philadelphia.  Fine  thing  indeed,  but  it  is 
not  done  yet.  However,  this  man  seems  to  be  a  true 
express,  and  I  give  credit  to  the  news. 

Mr.  and  Mrs.  Buckanan  desire  their  compliments  to 
you  and  all  the  family.  Mrs.  Buckanan  who  sends  her 
love  to  Mrs.  Carroll,  give  me  commission  here  to  tell  her 
that  the  things  are  not  ready.  She  will  send  them  down 
when  they  will  be  made.  Now  M.  Carroll  must  pardon 
me  for  having  taken  the  liberty  to  take  the  boy  with  me 
here — so  fine  news  from  Burgoyne  pleads  in  my  favor. 
Do  be  well  and  take  care  of  your  health. 

Charles  Carroll  Esq  : 

at  his  Manor.' 
'  Maryland  Historical  Society. 


if 


.4. 


I 


Cabal  to  Displace  Washington. 


221 


DooiiORAGEN,  22d  October,  1777. 
Dear  Sir  : 

Yesterday  we  received  the  glorious  news  of  the  taking 
Burgoyne  and  his  whole  army  prisoners  of  war.  I  sin- 
cerely congratulate  you  on  this  important  event.  I  hope 
it  will  be  followed  by  the  defeat  of  Howe  ;  at  least  by  a 
disgraceful  and  precipitate  retreat  from  the  City  of 
Philadelphia  and  State  of  I'ennsylvania. 

I  write  this  letter  to  request  the  favor  of  you  to  obtain 
from  the  Board  of  War,  two  weavers  from  among  the 
British  prisoners.  I  would  prefer  British  workmen  on 
account  of  language  and  superior  skill,  to  Hessians,  but 
rather  than  not  get  weavers  I  must  take  Hessians,  or  else 
my  poor  slaves  must  go  naked  this  winter.  Mr.  Attlee 
can  inform  you  whether  there  are  such  workmen  among 
the  prisoners  at  Lancaster  or  Lebanon,  for  although  the 
most  of  them  have  been  removed,  it  is  most  probable 
some  of  them  have  remained  behind.  I  must  intreat 
you  sir,  to  exert  yourself  in  rendering  me  this  essential 
piece  of  service.  My  father  would  pay  them  jQ^t  a  month 
apiece.  They  will  be  well  fed,  and  will  live  in  a  whole- 
some country,  and  so  remote  that  they  will  not  be  able 
easily  to  make  their  escape,  if  they  should  attempt  it. 

I  hope  General  Washington  will  soon  give  us  a  fresh 
supply  of  prisoners,  and  from  these  perhaps  you  will  be 
able  to  select  the  weavers,  if  not  from  those  already  in 
our  possession.  The  weavers  we  want  are  such  as  have 
been  used  to  weaving  coarse  linens  and  woolens. 

I  beg  my  compliments  to  Mrs.  Peters,  and  remain 
Dear  Sir,  your  most  humble  Servant, 

Ch.  Carroll  of  Carrollton. 


'  1 

I 

I 


M 


i  111 

m 


\'\ 


1! '  (, 


P.S. — Please  to  acknowledge  the  receipt  of  this  letter, 
and  let  me  know  whether  there  is  any  prospect  of  obtain- 


!^ll 


■HBR! 


224         Charles  Carroll  of  Carrollton. 


>  I 


iirr  . 


i  1 


r 


ing  soon  the  weavers.      If  they  are  to  be  had  I  will  send 
for  them  ;  one,  if  two  cannot  be  had  will  be  better  than 
none.     Please  to  direct  to  me  at  Annapolis,  as  I  shall  be 
there  in  a  few  days  attending  our  assembly. 
To  Richard  Peters  Esq. 

Secretary  to  the  Board  of  War 
At  York,  Pennsylvania.* 

During  his  service  in  Congress  in  the  fall  of  1777, 
Charles  Carroll  of  Carrollton  had  continued  a  mem- 
ber of  the  Board  of  War,  to  which  body  many  im- 
portant letters  and  papers  had  been  referred.  And 
about  this  time  is  to  be  dated  the  beginning  of  the 
Conway  Cabal,  by  which  it  was  designed  to  force 
General  Washington  to  resign  the  command  of  the 
army,  his  place  to  be  taken  by  General  Charles  Lee 
or  General  Horatio  Gates.  The  changes  made  in 
the  organization  of  the  Board  of  War  in  October 
and  November,  it  is  charged,  were  brought  about 
with  this  end  in  view.  General  Conway,  whose 
name  has  been  given  to  the  plot,  had  been  much 
dissatisfied  at  the  position  assigned  him,  and  had 
asserted  a  priority  of  rank  in  France  over  the  Baron 
de  Kalb,  and  he  had  written  to  Congress  on  the 
subject  in  September.  On  the  17th  of  October  four 
members  had  been  added  to  the  Board  of  War ;  and 
on  the  same  day,  it  was  resolved  that  a  Board  of 
War  be  established  to  consist  of  three  persons  not 
members  of  Congress,  to  sit  whenever  Congress  met 
and  submit  their  proceedings  to  its  supervision.  All 
the  military  officers  of  the  United  States  were  re- 
quired to  observe  the  directions  of  the  Board,  and  it 

'  Ai'chives,  Pennsylvania  Historical  Society. 


H  '*(ik 


Letter  of  Gc7ieral  Coniuay. 


225 


was  to  have  a  general  superintendence  of  all  military 
operations. 

Francis  Dana  of  Massachusetts  and  J.  B.  Smith  of 
Pennsylvania  were  added  to  the  Board  on  the  17th 
of  November,  and  a  day  or  two  later  General  Thomas 
Mifflin,  who  had  just  been  reported  by  Washington 
for  incompetency  in  the  Quartermaster-General's 
office,  notified  to  Congress  his  acceptance  of  an  ap- 
pointment to  the  new  Board  of  War.  On  the  27th 
of  November,  General  Gates  was  made  President  of 
the  Board.  This  was  the  situation  in  November, 
after  Charles  Carroll  had  returned  to  Maryland. 
General  Conway  wrote  him  a  letter  on  the  14th  of 
this  month,  detailing  his  grievances,  which  epistle 
was  read  in  Congress  on  the  24th  of  November,  as 
it  was  a  part  of  the  correspondence  of  the  Board  of 
War.  A  letter  written  two  days  later  by  Monsieur 
Pliarne  to  Charles  Carroll,  Sr.,  contains  allusions 
showing  how  the  forces  were  working  towards  the 
elevation  of  Conway  and  his  friends. 


'X\    \ 


\M 


\\ 


Camp  at  White  Marsh, 
the  14th  November,  1777. 
Sir  : 

This  day  I  have  sent  my  resignation  to  Congress. 
Seven  weeks  ago  several  gentlemen  wrote  to  me  from 
the  seat  of  Congress,  mentioning  the  extraordinary  dis- 
courses held  by  you  Sir,  by  Mr,  Lovell,  Mr.  Duer  and 
some  other  members  on  account  of  my  applying  for  the 
rank  of  major  general.  If  I  had  hearkened  to  well 
grounded  resentment,  I  should  undoubtedly  have  left 
the  army  instantly.  But  my  delicacy  pointed  out  to  me 
to  continue  in  the  army  until  the  end  of  the  campaign  ; 

VOL.  I— 15 


i      t.\ 


.M 


1'         (         •«■•« 


226         Charles  Carroll  of  Carrollton. 


'M! 


4 


■  7  '* 

'  I  * 

1 

%k 

*■■     i 


M  i 


Hi' 


li 

\ 

-!'      ■ 

i 

i| 

' 

this  I  have  done.  I  look  upon  the  campaign  as  finished, 
for  I  am  pretty  clear  that  since  the  enemy  is  reinforced, 
and  has  had  time  to  secure  his  front  with  a  double  line 
of  fortifications,  nothing  can  be  attempted  with  any  de- 
gree of  safety,  propriety,  or  appearance  of  success.  Now 
Sir,  I  will  undertake  to  show  that  my  request  of  being 
made  a  major  general  had  nothing  in  it  so  unreasonable 
as  to  cause  your  astonishment,  and  the  most  disobliging 
reflections,  thrown  by  you  Sir,  and  other  members  of 
Congress. 

Of  all  the  French  officers  who  came  to  this  continent, 
I  am  the  most  advanced  in  rank,  and  the  only  field  offi- 
cer bearing  rank  in  actual  service.  Chevalier  de  Barre 
was  a  lieutenant  colonel  in  1757  ;  he  was  thanked  in 
1 76 1  ;  if  he  had  continued  in  service  he  would  be  now  a 
major  general  in  the  French  army,  and  mentioned  in 
the  Military  Kalendar,  which  is  printed  every  year,  and 
wherein  every  officer  bearing  rank,  from  the  Marechal  of 
France  to  the  last  sub  lieutenant,  is  carefully  mentioned. 
Baron  de  Kalb  got  a  commission  of  lieutenant  colonel, 
and  left  the  army  in  1762.  If  he  had  been  continued  in 
service  and  had  bore  a  rank  in  our  army,  he  would  be  in 
the  centre  of  our  brigadiers,  but  1  am  very  certain  that 
you  '11  find  neither  of  these  gentlemen  in  the  Kalendar, 
because  they  have  no  rank  in  the  army,  and  indeed  did 
not  interfere  with  it  these  sixteen  or  seventeen  years 
passed. 

I  am  told  that  Baron  de  Kalb  has  a  brevet  of  brigadier 
from  the  Minister  of  the  Navy,  such  as  was  obtained  by 
Mr.  Ducoudray  and  some  of  his  officers.  Whether  he 
has  or  not,  I  am  still  certain  that  this  brevet  cannot  give 
him  the  rank  over  me  in  the  French  army,  because  there 
has  never  been  an  instance  of  it  in  our  service.  I  always 
appeal  to  the  Military  French    Kalendar,  which  is  the 


His  Grievances  Detailed, 


227 


[gadier 
\ed  by 
ler  he 
)t  give 

there 
[always 

is  the 


true  standard  of  rank.  It  was  in  order  to  guard  against 
those  sham  brevets,  for  which  I  understood  that  some 
people  were  applying,  that  I  made  with  Mr.  Deane  the 
only  condition  which  is  to  be  found  in  my  agreement. 
The  condition  was  that  no  officer  who  had  not  an  equal 
rank  with  me  in  actual  service,  should  be  put  over  mc. 
Mr.  Deane  promised  it  to  me,  and  told  me,  in  taking  me 
by  the  hand,  that  I  was  the  only  gentleman  who  had  not 
taken  advantage  of  his  present  situation. 

He  directed  me  to  encourage  and  bring  over  some 
officers  of  the  Irish  Brigades.     I  got  one  hundred  and 
sixty  guineas  for  that  purpose.     I  gave  eighty-four  guin- 
eas to  two  officers  who  came  over  with  me,  and  whose 
receipts  I  can  produce.     Seventy-six  guineas  I  sent  to 
four  officers  of   the  Irish  Brigade  who   were  prevented 
from  embarking  on  account  of  the  noise  made  about  the 
Amphitrite.     I  charged  nothing  for  myself  although  my 
expences  to  come  to  this  country  amounted  to  above  one 
hundred  and  twenty  guineas  ;  although  I  am  now  in  the 
case  of  selling  my  effects  in  order  to  reach  some  seaport. 
But  I  will  not  dwell  upon  the  article  of  cash.     After  Mr. 
Ducoudray  had  left  me  in  Port  Lorient  last  January,  I 
got  charge  of  the  Amphitrite,  and  of  the  letters  for  Con- 
gress, which  letters  I  delivered  to  Col.  Langdon  upon 
my  landing  at  Portsmouth.     The  captain  of  the  Amphi- 
trite  had  positive  orders  to  sail  for  St.  Domingo,  and  the 
Commissary   of   the   Navy  Board  at  Port  Lorient  had 
made  him  sign  a  formal  promise  not  to  come  to  this 
continent.     He  was  determined  to  follow  his  orders  ;  in 
order  to  make  him  alter  his  determination,  I  gave  him 
a  certificate  by  which  I  acknowledged  that  by  violence  I 
compelled  him  to  infringe  the  King's  positive  orders,  and 
steer  for  this  continent.     The  captain  is  now  in  posses- 
sion of  the  certificate.    If  France  does  not  take  an  active 


1'  f 


>  *  I 


i^i' 


M ) 


II 


'•1'! 


■HH 


228         Cha7'les  Carroll  of  Carrollton. 


M 


% 


)  Mi 


i  41 


I'.ti. 


'•'    i 


1,'ii.rrv. 


H  ,1   ,yi  , 


part  or  a  public  one  in  the  present  contest,  the  captain 
of  the  Amphitrite,  which  ship  has  caused  such  loud  com- 
plaints from  Lord  Stormont,  will  be  brought  to  an  ac- 
count for  disobedience ;  he  will  have  my  certificate  to 
produce  ;  I  may  fall  a  sacrifice  to  policy,  lose  my  rank, 
and  the  prospect  of  speedy  promotion  in  France,  and  the 
fruits  of  thirty  years  constant  service. 

At  my  arrival  here  M.  De  Barre,  my  inferior  in  rank, 
who  got  six  thousand  livres  in  France,  was  made  a  brig- 
adier, and  paid  as  such  from  the  month  of  December, 
when  I  was  appointed  the  last  brigadier  of  the  army. 
After  the  battle  of  Brandywine,  Baron  de  Kalb,  also  my 
inferior,  who  got  about  a  thousand  pounds  here  or  in 
France,  was  made  a  major  general.  If  I  patiently  bore 
such  repeated  wrongs,  it  might  be  concluded  in  France 
that  I  misbehaved  ;  and  indeed  the  Congress  instead  of 
looking  upon  me  as  an  officer  who  enjoyed  some  esteem 
and  reputation  in  the  French  infantry,  must  take  me  for 
a  vagabond  who  flew  here  to  get  bread.  I  thank  God 
that  neither  one  nor  the  other  is  the  case.  I  came  over 
here  because  I  liked  the  cause  and  like  it  still  ;  because 
I  was  often  and  warmly  invited  by  Mr.  Deane.  My 
candid  way  of  acting  with  him  will  testify  it.  As  to  my 
behaviour  I  appeal  to  the  army. 

The  French  gentlemen  told  me,  Sir,  that  you  asked  in 
a  most  despising  manner  what  I  had  done.  Indeed  I 
must  confess  that  I  did  not  do  all  that  I  wish  to  have 
done,  but  I  hope  I  have  done  as  much  as  was  left  in  my 
power.  As  I  am  not  acquainted  with  your  gazette  writ- 
ers, I  must  tell  you  that  upon  my  arrival  in  camp  I  was 
night  and  day  employed  in  writing  instructions  concern- 
ing the  camp,  the  outguards,  the  orders  of  marches,  of 
which  I  found  not  the  least  notion  in  this  army.  Part 
of  those  instructions  was  followed,  the  greatest  part  was 
not ;  this  is  not  my  fault.     1  wrote  several  plans  about 


Jealous  of  Baro7i  de  Kalb. 


O  ')< 


a. 

i 


the  economical  administration  of  this  army  where  I  saw 
many  striking  abuses.  I  am  confident  that  this  army  is 
sufficient  [if]  not  to  ruin,  at  least  to  distress  the  conti- 
nent, whereas  it  could  be  kept  upon  a  flourishing  footing 
in  saving  one-third  part  of  the  money  spent  upon  it.  As 
[it]  seems  I  have  not  been  understood,  at  lea.st  I  saw  no 
alteration  for  the  better. 

At  the  Short  Hills  1  was  first  ready,  and  first  attacked, 
drew  up  in  battle,  stopped  the  enemy,  and  made  my  re- 
treat without  running,  and  without  losing  a  single  pris- 
oner. The  other  brigade  has  been  attacked  an  hour 
after  mine,  and  I  think  I  had  given  it  full  time  to  make 
a  retreat.  At  Brandyvvine  my  brigade  remained  the  last 
upon  the  ground,  and  though  I  had  been  abandoned 
pretty  early  by  the  brigades  of  the  right  and  left,  my 
brigade  continued  fighting  until  it  was  flanked  on  both 
sides  by  the  enemy.  That  same  brigade  was  the  first  or 
rather  the  only  brigade  that  rallied  to  oppose  the  ene- 
my's pursuit,  when  for  want  of  ammunition  it  was  ordered 
to  be  relieved  at  the  close  of  the  evening  by  a  French 
brigade  which  had  not  yet  been  engaged.  At  German- 
town,  with  little  better  than  four  hundred  men,  I  began 
the  attack,  and  was  fighting  three  quarters  of  an  hour 
before  any  individual  came  to  support  me. 

You  asked  upon  what  grounds  I  could  call  for  the  rank 
of  major  general.  Because  I  can  be  more  useful  at  the  head 
of  a  division  than  at  the  head  of  a  small  brigade.  Because 
in  my  young  days  I  had  a  larger  command  before  the 
enemy  than  what  1  have  had  in  your  army.  Because  be- 
ing those  twenty  years  constantly  studying  military  oper- 
ations, having  travelled  through  Europe  to  take  a  view 
of  the  different  armies,  having  been  lately  employed  in 
making  out  a  set  of  field  manoeuvres,  having  practiced 
and  tried  said  manoeuvres  last  year  in  the  presence  of 
several  experienced  generals,  both  German  and  French, 


J  r 


230         Charles  Carroll  of  Carrollton. 


\  I   ! 


Ill  I  )>.    \    -X     <t 


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\ 


I  thought  myself  more  qualified  to  command  a  division 
than  such  major  generals  who  had  never  seen  a  line  of 
battle  as  they  confess  themselves,  before  Brandywine, 
and  as  it  too  well  appeared. 

It  was  for  want  of  knowledge  and  practise  in  forming 
the  lines  that  Brandywine  was  partly  lost.  I  can  assign 
many  other  reasons  for  the  loss  of  that  battle.  It  was 
for  want  of  forming  the  line  and  of  manoeuvering  that 
we  miscarried  at  Germantown,  our  left  wing  composed 
of  the  largest  part  of  our  army,  having  lost  near  an  hour 
in  an  useless  countermarch,  as  it  appears  by  the  several 
testimonies  given  at  a  court  martial  now  sitting,  of  which 
I  am  a  member.  I  am  far  from  thinking  myself  a  gen- 
eral, but  I  believe  that  after  having  studied  and  practiced 
this  trade  steadily  during  almost  all  my  life,  I  may  ven- 
ture to  say  that  I  know  somewhat  more  of  it  than  the 
brave,  honest  men  who  never  made  it  their  business.  I  have 
much  regard  for  Baron  de  Kalb  and  think  that  the  con- 
tinent has  made  in  him  the  acquisition  of  a  good  officer, 
but  I  can  venture  to  say  that  I  have  gone  through  and 
seen  at  least  as  much  service  as  he  did. 

This  letter,  sir,  if  you  have  patience  enough  to  read  it, 
will  convince  you  that  my  request  of  being  made  a  major 
geneial  was  not  altogether  as  im|)ertinent  as  you,  sir,  and 
other  gentlemen  have  styled  it.  I  was  much  surprised  at 
the  reflections  which  you  made  upon  the  subject,  as  I  am 
conscious  that  I  have  done  nothing  in  my  life  that  could 
make  me  contemptible  in  the  eyes  of  any  honest  man.  I 
suppose  that  your  strange  opinion  of  me  originates  from 
the  misfortune  I  have  of  not  being  better  known  to  you. 
However  I  shall  always  cherish  the  cause  I  fought  for, 
and  shall  be  very  happy  to  hear  of  its  success. 
I  am,  with  much  regard,  Sir, 

Your  obedient,  humble  servant 

T.  Conway. 


Maryland  Senate  in  Session,  231 


[Endorsed]  Letter  from  T.  Conway  to  Charles  Car- 
roll Esq.  :  ,  or  in  his  absence  to  Secretary  of  Congress, 
Nov,  14th,  read  24th  Nov.  1777.  General  Conway  to  be 
requested  to  attend  the  Board.' 

YoKKTOWN,  November  26tli,  1777. 
Dear  Sir  : 

I  had  the  pleasure  to  write  to  you  yesterday  that  Corn- 
wallis  was  gone  to  attack  Red  Bank.  Just  this  moment 
we  learn  that  the  fort  was  evacuated  last  Friday.  This 
intelligence  comes  by  ofificers  who  have  left  the  army  few 
days  ago,  and  nobody  doubts  it.  The  gallies  are  gone 
up  to  Burlington,  so  the  river  is  entirely  in  the  power  of 
Howes.  * 

I  have  just  seen  a  French  officer  who  left  the  army  last 
week.  He  says  confusion  and  bad  discipline  prevailed 
too  much  to  expect  anything  good,  and  in  every  case  it 
is  almost  impossible  to  attack  Howe  in  Philadelphia, 
though  everybody  cries  against  poor  General  Wash- 
ington. 

Conway  is  at  Reading  and  has  left  the  army,  but  the 
Congress  conscious  of  their  love  in  so  able  man  intend 
to  offer  him  the  [word  illegible]  employment  of  Adjutant 
General,  and  I  thmk  he  will  receive  it.  With  him,  and 
the  Board  of  War  filled  by  Gates,  Mifflin  and  some  other 
experienced  ofificer,  the  army  will  be  this  winter  altered 
for  the  best.  Some  reinforcements  from  the  Northern 
army  are  with  General  Washington.  I  have  an  oppor- 
tunity to  send  down  to  Baltimore  this  piece  of  intelli- 
gence by  a  gentleman  who  sets  off  in  two  minutes,  and 
leaves  only  the  time  to  assure  you  that  I  am  for  life,  with 
a  sincere  respect, 

Dear  Sir,  your  most  obedient  servant, 

Pliarne. 

'  MSS  :,     Department  of  State. 


!   ) 


w  I 


232         Charles  Carroll  of  Carrollton. 


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if; 


p.  S. — My  best  respects  to  Mrs.  Darnall,  to  whom  I 
beg  Mr.  Carroll  to  deliver  the  message  to.  My  compli- 
ments to  Captain  Ireland.  The  Congress  has  received 
intelligence  that  last  week  the  English  made  a  sortie 
from  Philadelphia  and  burnt  all  the  houses  upon  the 
Germantown  road,  about  Mr.  Dickinson's  seat,  which 
has  the  same  fate.  They  were  the  finest  country-houses 
in  that  part. 

To    Charles  Carroll  of  Carrollton,  Senior,  Esq. 
At  Elkridge, 

To   the   care   of   Miss   Godard, 
At  the  Post  Office,  Baltimore.' 

The  Maryland  Assembly  met  on  Wednesday, 
October  22d,  1777,  but  it  was  not  until  the  31st 
that  Charles  Carroll  of  Carrollton  took  his  seat  in 
the  Senate.  Charles  Carroll,  barrister,  arrived  still 
later,  on  November  7th.  The  act  to  procure  cloth- 
ing for  Maryland's  quota  in  the  Continental  army 
passed  the  Senate  on  the  24th  of  November,  and 
was  probably  drafted  by  Charles  Carroll  of  Carrollton, 
who  carried  it  to  the  House  on  this  day.  Daniel 
Carroll  of  Rock  Creek  was  elected  to  the  Council  at 
this  time,  making  three  of  the  name  in  the  Maryland 
government. 

A  commission  was  proposed  at  this  session,  to  set- 
tle with  Virginia  the  disputed  questions  of  the  juris- 
diction and  free  navigation  of  the  rivers  Potomac 
and  Pocomoke,  and  the  Chesapeake  Bay.  The 
'*  Articles  of  Confederation  and  Union  between  the 
United  States,"  were  received  from  Congress,  with 
resolutions  of  that  body  for  raising  a  sum  of  money 

'  Maryland  Historical  Society. 


I 


Ii  J 


Questions  of  yurisdiction. 


->  ->  -> 


by  taxation  for  supplying  the  army  with  clothing ; 
for  regulating  the  prices  of  commodities  throughout 
the  United  States  ;  and  for  the  confiscation  and  sale 
of  forfeited  estates.'  These  papers  were  all  taken 
to  the  House  of  Delegates  by  Charles  Carroll  of  Car- 
roUton.  The  members  of  Congress  were  elected  on 
the  5th  of  December.  These  were  Samuel  Chase, 
William  Paca,  George  Plater,  Charles  Carroll  of  Car- 
rollton,  Thomas  Stone,  and  Joseph  Nicholson. 

Amendments  to  an  "  act  for  ihe  better  security  of 
the  government,"  requiring  Quakers  and  others  to 
take  the  oath  of  allegiance,  or  forfeit  a  part  of  their 
property,  were  defeated  in  the  Senate  a  few  days 
later,  Charles  Carroll  of  Carrollton,  George  Plater, 
William  Paca,  and  Turbutt  Wright  voting  for  their 
passage. 

On  the  1 6th  of  December  a  message  was  received 
from  the  House  relative  to  the  recommendation  of 
Congress  that  Commissioners  from  Virginia,  Mary- 
land, and  North  Carolina  should  meet  at  Fredericks- 
burg on  the  15th  of  the  following  month,  to  regulate 
and  ascertain  the  price  of  labor,  manufactures,  inter- 
nal produce,  and  commodities  imported  from  abroad. 
Other  business  in  which  Charles  Carroll  of  Carrollton 
is  seen  to  have  been  prominent,  occupied  the  Senate 
up  to  the  19th,  when  the  subject  of  appointing  the 
Commissioners  to  meet  those  of  Virginia,  to  settle 
the  jurisdiction  of  the  rivers  and  bay  dividing  the 
two  States,  was  taken  up.  Charles  Carroll  of  Car- 
rollton, Thomas  Stone,  and  Brice  Thomas  Beale 
Worthington  were  nominated  a  committee  by  the 

'  Journal  of  the  Maryland  Senate. 


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234         Charles  Carrol!  of  Car follton. 

Senate  to  unite  with  one  from  the  Mouse  to  draw 
up  instructions  for  the  guidance  of  the  Maryhmd 
Commissioners.  Daniel  of  St.  Thomas  Jenifer  was 
afterwards  substituted  for  Ikice  Tliomas  Beale 
Worthington.  And  on  the  21st,  Jenifer,  Stone,  and 
Chase  were  elected  Commissioners.  It  was  resolved 
**  that  they  will  meet  the  Commissioners  of  Virginia 
at  Alexandria,  on  Monday,  2nd  of  February  next 
or  at  any  other  time  or  place  more  convenient  to 
the  Virginia  Commissioners."  '  Charles  Carroll  of 
Carrollton  carried  these  resolutions  to  the  House, 
and  on  the  22d,  the  day  before  the  Assembly  ad- 
journed, he  brought  in  the  report  of  the  committee 
to  prepare  instructions  for  the  Commissioners.  They 
consisted  of  a  preamble  and  three  "  particulars." 

**  First,  that  Virginia  should  reUnquish  the  claim  to  im- 
pose tolls  on  vessels  sailing  through  the  capes  of  Chesa- 
peake Bay,  either  to  or  from  Maryland  ;  Second,  that 
the  Commissioners  should  endeavor  to  settle  the  juris- 
diction over  that  part  of  the  Bay  lying  within  the  limits 
of  Virginia  ;  that  crimes  committed  there  against  sub- 
jects of  Maryland,  either  by  Marylanders  or  any  other 
persons  not  subjects  of  Virginia,  should  be  tried  in  the 
courts  of  Maryland.  And  thirdly,  that  the  use  and  navi- 
gation of  the  two  rivers  dividing  Maryland  and  Virginia 
should  be  free  to  the  subjects  of  both  States,  as  well  as 
to  all  other  persons  trading  to  either  State,  each  State 
having  the  right  of  imposing  tolls,  duties  or  customs  on 
vessels  coming  into  its  respective  ports  on  these  rivers."" 

On  the  22d  of  December  also,  the  delegation  to 
Congress  was  altered  by  the  substitution  of  James 

•  Ibid.  «  Ibid. 


I 


\%i 


Three  Afunl/is  at  I'aiiey  Faroe,        235 

Forbes  and  John  Mcnry  for  William  Pacaand  Joseph 
Nicholson  who  had  declined  the  election. 

Charles  Carroll  made  his  appearance  in  Congress, 
January  17th,  1778,  accompanied  by  James  Forbes, 
the  earliest  of  the  Maryland  delectation  to  take  their 
seats  at  this  session.  John  Henry  arrived  January 
20th,  and  on  that  day  Congress  resolved  that  two 
members  be  added  to  the  committee  appointed,  by 
a  resolution  of  the  loth  of  January,  to  repair  to 
camp  and  inquire  into  the  state  of  the  troops.  The 
two  gentlemen  added  to  the  committee  were  Charles 
Carroll  of  Carrollton  and  Gouverneur  Morris.  The 
three  original  members  of  the  committee  were 
Francis  Dana,  Joseph  Reed,  and  Nathaniel  Folsom. 
Congress  had  decided  "  that  it  was  essential  to  the 
promotion  of  good  discipline  and  economy  in  the 
army  of  these  States,  that  speedy  and  effectual  means 
be  taken  for  reducing  the  number  of  regiments  in 
Continental  service  and  reforming  abuses  which 
have  long  prevailed  in  different  departments  of  the 
army."  '  To  this  end  the  three  members  of  Congress, 
with  three  members  of  the  Board  of  War,  were  made 
a  committee,  to  attend  at  General  Washington's 
headquarters,  and  in  concert  with  him,  form  and  exe- 
cute a  plan  for  the  purpose  above  stated.  Charles 
Carroll  of  Carrollton  remained  nearly  three  months 
at  Valley  Forge,  on  this  business.  Washington  pre- 
pared a  memoir  of  fifty  folio  pages  in  the  form  of  a 
letter  to  the  committee,    containing  his  views  and 


those  of  his  officers,  and  this  paper  was  used  by  these 
gentlemen  and  became  the  basis  of  their  report.* 

'  Journal  of  Congress,  January  loth,  1778. 

''  Ford's  "  Writings  of  Washington,"  vol.  vi.,  p.  300. 


<> 


\\ 


236         Charles  Carroll  of  Carrollton. 


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We  find  Charles  Carroll  again  in  his  seat,  April 
13th,  and  Gen.  Charles  Lee,  in  writing  to  the  Presi- 
dent of  Congress  about  his  exchange,  April  17,  1778, 
asks  him  "  to  put  the  affair  into  the  hands  of  some 
of  my  particular  friends,  Mr.  Lee,  Mr.  Carroll  or  Mr. 
Chase." '  These  gentleman,  Richard  Henry  Lee, 
Charles  Carroll  of  Carrollton,  and  Samuel  Chase  were, 
of  course,  wholly  ignorant,  as  were  most  of  General 
Lee's  contemporaries,  of  the  real  character  of  the 
false-hearted  Englishman  who  thus  claimed  them  as 
his  "  particular  friends."  It  was  at  Valley  Forge  in 
the  early  part  of  January,  before  Charles  Carroll 
an  ived  there,  that  Generals  Gates,  Charles  Lee,  and 
Conway  first  met  to  mature  their  plans  for  displac- 
ing Washington.  But  imprudent  words  used  by  an 
aid-de-camp  of  Gates,  and  reported  by  a  friend  of 
Washington  to  his  chief,  with  a  letter  of  Conway  to 
Gates  which  fell  into  Washington's  hands,  disclosed 
the  plot  in  time  to  render  it  abortive. 

Of  the  Cabal,  as  far  as  it  affected  the  members  of 
Congress,  we  have  no  certain  information.  A  recent 
Maryland  historian  writes :  **  The  movement  was 
headed  by  the  Lees  and  Adamses ;  but  it  was  re- 
sisted and  ultimately  defeated  by  Charles  Carroll  of 
Carrollton,  Morris  and  Duer."'  Great  injustice  is 
here  done  to  the  Lees  of  Virginia,  whatever  may  be 
said  of  the  Adamses.  Richard  Henry  Lee  denied 
any  knowledge  of  the  existence  of  such  a  design 
among  the  members  of  Congress,  as  did  Benjamin 
Harrison    and   others.     Certainly,  if  such  a  faction 

'  The  Lee  Papers,  vol,  ii.,  p.  390.  New  York  Historical  Society 
Collections . 

2  Scharf's  "  History  of  Maryland,"  vol.  ii.,  p.  342, 


t''' 


A   Tory  Instirrection. 


m 


I 


existed,  the  Virginians  were  no  parties  to  it.  Witli- 
out  doubt,  Charles  Carroll  of  Carrollton  was  a  firm 
friend  always  of  the  Commander-in-chief,  admiring 
his  abilities  and  integrity,  and  fully  believing  in  his 
fitness  for  his  high  position.  And  it  may  be  safely 
assumed  that  he  used  his  influence  to  support  Gen- 
eral Washington  against  those  who  antagonized 
him,  whether  in  camp  or  ia  Congress. 

The  following  letters  were  written  by  Charles 
Carroll  of  Carrollton  to  Governor  Johnston  in  April 
and  May,  1778,  and  give  an  insight  into  the  opera- 
tions of  Congress  at  this  time,  with  other  items  of 
public  interest. 

York.  2rst  April,  177S. 
Dex\r  Sir  : 

By  a  letter  from  General  Smaliv  cod  of  the  17th  instant 
from  Wilmington,  we  are  informed  of  an  insurrection  of 
the  Tories,  at  a  place  called  Jordan's  Island,  ten  miles 
from  Dover.  Smalhvood  apprehends  this  insurrection 
may  become  very  serious  unles.i  speedily  suppressed. 
This  letter  is  referred  to  a  committee  of  which  I  am  one. 
We  shall  report  that  you  be  requested  to  call  out  300 
of  the  ra'iiiiii  from  the  adjacent  counties  of  Maryland 
and  put  llem  under  a  spirited  and  active  officer  who  will 
receive  LiS  instructions  from  a  committee  of  Congress.  I 
b(.g  your  attention  to  this  business.  Smalhvood  writes 
that  we  have  considerable  stores  at  Charles  Town,  which 
he  fears  may  be  taken  or  destroyed  by  these  insurgents. 
If  we  have  any  considerable  stores  at  Charles  Town,  or 
at  any  other  place  near  the  Bay,  they  run  an  equal  or 
greater  danger  of  being  destroyed  by  j)arties  from  the 
enemy's  shipping.  You  cannot  take  too  much  precaution 
to  secure  these  or  any  other  stores  that  may  be  near  the 
water. 


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238  Cliarles  Ciwroll  of  Carrol/ton. 

Mr.  Henry  has  sent  you  a  copy  of  draughts  of  two 
bills,  which  as  they  are  of  a  most  insiduous  tendency,  I 
make  no  doubt  have  long  since  been  passed  into  Acts  of 
Parliament.  I  wish  you  would  employ  some  ingenious 
writer  to  combat  and  expose  the  perfidiousness  of  our 
enemies  ;  they  stop  at  nothing,  the  whole  British  nation 
seems  rising  against  us.  They  will  unite  art  and  force  to 
conquer  us.  1  am  persuaded  they  will  send  over  during 
the  course  of  the  summer  and  fall,  at  least  14,000  men, 
j)rincipally  British.  Is  it  not  strange  that  the  lust  of 
domination  should  force  the  British  nation  to  greater  ex- 
ertions, than  the  desire  of  liberty  can  produce  among  us  ? 

By  the  Mercury  packet  in  seven  weeks  and  three  days 
from  Falmouth,  we  hear  that  all  hoj^es  of  an  amicable 
settlement  between  the  Turks  and  Russians  were  at  an 
end.  By  a  courier  who  arrived  at  Warsaw  the  middle  of 
December,  there  was  reason  to  believe  hostilities  had 
then,  or  were  on  the  point  of  being  commt'iced.  The 
Elector  of  Bavaria  is  dead  ;  his  death  may  possibly  in- 
volve Germany  in  a  war. 

If  our  people  would  but  exert  themselves  this  campaign, 
we  might  secure  our  liberties  forever.  General  Washing- 
ton is  weak  ;  reinforcements  come  in  slow.  Try  for 
God's  sake  and  the  sake  of  human  nature,  to  rouse  our 
countrymen  from  their  lethargy,  (iates  will  command 
a  body  of  men  in  the  Highlands  on  Hudson's  River,  for 
the  security  of  its  navigation.  The  Congress  do  worse 
than  ever  ;  we  murder  time  and  chat  it  away  in  idle,  im- 
pertinent talk.  However,  I  hope  the  urgency  of  affairs 
will  teach  even  that  body  a  little  discretion. 

I  wish  you  health  and  happiness,  and  am  with  great 
regard.         Dear  Sir,  your  most  humble  servant, 

Ch.  Carroll  of  Carrollton.' 

'  Maryland  Historical  Society. 


Lord  North's  Speech. 


239 


April  23d,  177S. 

Dear  Sir  : 

By  this  opportunity  you  will  receive  draughts  of  two 
bills  and  Lord  North's  speech  ushering  them  into  the 
House  of  Commons.  I  have  little  doubt  myself  but  that 
these  bills  have  long  since  been  clothed  with  all  the  for- 
malities of  law.  If  Lord  North's  speech  is  genuine  (and 
I  think  we  have  no  reason  to  suspect  it  to  be  otherwise) 
we  may  fairly  conclude  that  the  Administration  begin 
to  see  the  impractibility  of  reducing  these  States,  or  of 
retaining  them,  when  reduced,  in  such  a  state  of  subor- 
dination as  to  be  useful  to  Great  Britain.  The  heavy 
and  increasing  expence  of  the  war,  a  jealousy  of  France 
and  Spain,  perhaps  the  appearance  of  an  approaching 
rupture  in  Germany  about  to  be  occasioned  by  the  death 
of  the  Elector  of  Bavaria,  the  actual  commencement  of 
hostilities  between  Russia  and  the  Porte,  have  forced  the 
British  Ministry  on  this  measure.  However  I  am  satis- 
fied they  will  try  the  arts  of  negotiation  first,  in  order  to 
divide  us,  if  possible,  and  will  hazard  another  camj-jaign, 
before  they  acknowledge  the  independence  of  these 
States. 

To  withstand  their  hostile  efforts  this  campaign,  which 
I  am  convinced  will  be  vigorous,  and  to  counteract  their 
insiduous  proffers  of  reconciliation,  it  will  be  absolutt  ly 
necessary  to  have  a  very  respectable  force  in  the  field  this 
year,  and  if  a  right  and  dexterous  use  is  made  of  the 
Minister's  speech,  it  will  probably  much  promote  the  re- 
cruiting service  among  us.  [n  a  word  if  we  guard  against 
their  insiduous  offers  on  the  one  hand,  and  can  resist 
their  warlike  efforts  on  the  other  during  the  ensuing  cam- 
paign, I  have  not  the  least  doubt  but  that  they  will  ac- 
knowledge our  independency  next  winter,  or  spring, 
particularly  if  no  alliance  between  these  States  or  any 
other  European  power  be  concluded  on  in  the  interim. 


<  lii^i 


I  I 


■En! 


240         Charles  Carroll  of  Carrollton. 


i 


lifl  . 


."} 


1  \ 


>   \ 


'H 


1  J 


The  Raleigh  continental  frigate  is  arrived  at  Ports- 
mouth in  thirty-two  days  from  France  ;  the  Alfred  which 
sailed  with  her  is  taken.  We  have  not  yet  received  by 
this  oj)portunity  any  dispatches  from  our  Commissioners 
at  Paris,  though  I  do  not  yet  despair  of  receiving  them, 
as  the  express  may  be  on  the  road.  The  Congress  has 
passed  some  observations  on  the  two  draughted  bills,  to 
counteract  their  obvious  design,  or  at  least  the  possible 
bad  effects  they  might  produce  in  the  minds  of  the  people, 
if  published  without  such  strictures.  These  observations 
will  be  printed  to-day  ;  they  will  be  immediately  dis- 
tributed throughout  the  United  States.  I  fear  they  are 
not  so  perfect  as  they  ought  to  be,  but  the  hurry  of  busi- 
ness, and  the  want  of  time  must,  and  will,  no  doubt, 
sufficiently  apologize  with  an  impartial  public,  for  all 
their  imperfections.  I  am  with  real  regard,  dear  !l.r, 
Your  most  humble  Servant, 

Ch    Carroll  of  Carrollton,' 

Monday,  27th  April,  1778. 

DEAii  Sir  : 

We  have  your  letter  and  have  written  this  day  to  Mr. 
Morris  tor  the  articles  therein  mentioned.  Our  letter  is 
gone  by  an  express  which  the  president  had  occasion  to 
send  in  order  to  return  the  original  of  the  enclosed  copy 
of  a  letter  from  Gov.  Johnstone  to  Mr.  Morris.  Your  ap- 
plication to  Congress  for  $;  100,000  shall  be  laid  before 
Congress  to-morrow.  We  will  write  you  the  result  by  the 
first  opportunity.  Gen.  Amherst,  Gen.  Murray  and 
Admiral  Keppel  are  the  commissioners  coming  out  under 
the  Act  of  Parliament  for  offering  terms  of  peace  and 

^  Ibid.  The  original  was  sent  to  Jared  Sparks  to  bo  used  "in  a 
volume  of  Fac  Siniilies  which  the  said  Sparks  designs  to  publish 
of  Letters  of  distinguished  Revolutionary  characters." 


■•■  ,1 


t    ^ 


1  Jie  Treaty  ivitJi  France. 


241 


reconciliation.  Gen.  Howe  is  recalled  and  Sir  Henry 
Clinton  is  to  succeed  him,  but  I  apprehend  only  till  Genl. 
Amherst's  arrival.  I  think  as  he  is  one  of  the  Commis- 
sioners, he  will  have  the  supreme  command  of  the  army. 
I  think  we  may  fairly  conclude  from  Gov.  Johnstone's 
letter  and  from  the  articles  in  the  newspapers  which  you 
have  seen,  that  some  treaty  or  the  preliminaries  of  a 
treaty,  have  been  entered  into  between  France  and  our 
commissioners.  We  have  had  no  letters  from  them  since 
last  May  ;  several,  no  doubt,  have  been  intercepted. 
The  Administration  getting  wind  of  this  treaty,  have 
been  induced  thereby  to  offer  terms  to  this  country  ; 
but  no  terms  short  of  independence  are,  in  my  opinion, 
admissible  without  the  utmost  danger  and  disadvantage 
to  these  States. 

I  am  with  great  esteem,  dear  Sir, 
Yours  etc., 

Ch.  Carroll  of  Carrollton. 

N.  B.  Dc  not  print  Gov.  Johnstone's  letter,  as  it  is  a 
private  letter.     Genl.  Lee  is  exchanged  for  Genl.  Prescot.' 

1778,  nth  May. 

Dear  Sir  : 

Mr.  Brown  of  Annapolis  has  applied  to  me  to  intercede 
with  you  or  some  gentlemen  of  the  Council,  to  grant  him 
leave  to  go  to  Philadelphia,  from  which  place  he  may 
embark  for  England.  I  would  not  endeavour  to  per- 
suade or  influence  you  or  any  man  to  do  what  I  wo.:ld 
not  do  in  a  similar  situation.  I  think  Mr.  Brown's  re- 
quest highly  reasonable  ;  from  indulging  it  no  possible 
inconvenience  can  result  to  the  public.  If  it  should  be 
thought  necessary  Mr.  Brown  may  be  put  on  oath  not  to 
divulge  to  the  enemy  anything  of  importance  that  may 

» Ibid. 

VOL.  1—16 


I 

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ll 


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If ' ' 


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242  diaries  Carroll  of  Carrolltoji. 

come  to  his  knowledge  resj^ecting  our  situation  or  prep- 
arations. It  seems  to  be  very  hard  to  detain  a  man  in  a 
place  in  which  he  is  cut  off  from  all  intercourse  with  his 
friends  and  connections  and  even  from  the  means  of  sub- 
sisting. If  this  matter  should  appear  to  you  in  the  same 
light  it  strikes  me,  neither  you  or  the  Council  will  make 
the  least  difficulty  in  granting  Mr.  Brown  his  request. 

Yesterday  Mr.  Henry  sent  to  Mr.  William  Lux  by  one 
David  Poe,  thirty  six  thousand  dollars,  part  of  the  one 
hundred  thousand  obtained  lately  from  Congress.  Mr. 
Henry  wrote  by  the  same  opportunity  to  Mr.  Lux  desir- 
ing him  to  forward  the  money  on  to  you  as  soon  as 
possible. 

I  sincerely  rejoice  with  you  on  the  treaty  entered  into 
with  France,  and  on  the  favorable  dispositions  of  the 
most  considerable  European  States.  For  news  I  refer 
you  to  my  letter  to  Mr.  Chase,  which  I  shall  write  to- 
morrow morning,  as  I  understand  an  express  from  our 
General  is  on  his  way  to  Congress. 

I  am  witli  great  regard  and  esteem,  dear  sir. 
Your  most  humble  servant, 

Ch.  Carroll  of  Carrollton.* 

'  Ibid. 


™r 


\  J 


tx,- 


"^0}: 


APPENDIX  A. 

LETTERS  OF  THE  "FIRST  CITIZEN- 
FROM 

THE  Maryland  Gazette 

OF 

1.  February  4th,  1773. 

2.  March  hth,  1773. 
3-  May  6th,  1773. 

4.  July  ist,  1773. 

APPENDIX   B 
.rOUKNA,,  OK  CHARLES  CARKOLL  OK  CARROLLTON. 

1776. 


243 


■X 


!  i 


t_   « 


''/ 


m 


ii 


* 


)i. 


'ir 


!! 


','11 


tr!'i     ! 


I  i 


1'  t 


>  .( 


''n 


I  ). ' , 

( 

1  ■'  ■' 

i 

'  1  ^4'  j 

f;    '  !   ! 

< 
i 

r 

<    '    • 


A 


^ 


LETTER  I. 

Fcliruary,  ^th,  1773. 
The  First  Citizen  to  the  Editor  of  the  Dialof:;ue  betivcen  Two 
Citizens  : 

Sir,  the  intention  of  this  address  is  not  to  intice  you  to 
throw  off  a  fictitious  and  to  assume  a  real  character,  for 
I  am  not  one  of  those  who  have  puzzled  themselves  with 
endless  conjectures  about  your  mysterious  personage  ;  a 
secret  too  deep  for  me  to  pry  into,  and  if  known,  not  of 
much  mometU  ;  of  as  little  is  it  in  my  opinion  whether 
your  complexion  be  olive  or  fair,  your  eyes  black  or  gray, 
your  person  strait  or  incurvated,  your  deportment  easy 
and  natural,  insolent  or  affected.    You  have,  therefore,  my 
consent  to  remain  concealed  under  a  borrowed  name,  as 
long  as  you  may  think  proper,     I  see  no  great  detriment 
that  will  thereby  accrue  to  the  publick  ;  yo//  will  be  the 
greatest,  nay,  the  only  sufferer  ;  your  fellow  citizens,  igno- 
rant  to  whom  they  stand  indebted   for   such    excellent 
lucubrations,  will  not  know  at  what  shrine  to  offer  up 
their  incense,  and  tribute  of  praise  ;  to  you  this  sacrifice 
of  glory  will  be  less  painful,  as  you  are  not  actuated  by 
vanity  or  a  lust  for  fame^  and  in  obscurity  you  will  have 
this   consolation   still  left,  the  enjoyment  of   conscious 
merit,  and  of  self-applause.     Modest  men  of  real  worth 
are  subject  to  a  certain  diffidence,  called  by  the  French 
la  mauvaise  honte,^  which  frequently  prevents  their  rising 

'  An  awkward  bashfulness. 
245 


U 


i  ; 


.5^> 


i.\ 


>  I' 


'kill  I 


i'|.     i 


ijn. 


\  ' 


246  CJiarlcs  Carroll  of  Carrolllon. 

in  the  world  ;  you  are  not  likely,  I  must  own,  to  be  guilty 
of  that  fault  ;  invitiuin  diicit culpre  fui^a  ';  you  seem  rather 
to  have  fallen  into  the  other  extreme,  and  to  be  fully 
sensible  of  the  wisdom  of  the  French  maxim,  /'/  faiit  se 
/aire  valoir"^  which  for  the  benefit  of  my  F.nglish  readers  I 
will  venture  to  translate  thus,  "  a  man  ought  to  set  a  high 
value  on  his  own  talents."  This  saying  is  somewhat  analo- 
gous to  that  of  Horace  :  Stivic  supcrhiam  quccsitam  vicritis.^ 
As  your  manner  of  writing  discovers  a  vast  erudition,  and 
extensive  reading,  I  make  no  doubt  you  are  thoroughly 
acquainted  with  the  Latin  and  French  languages,  and 
therefore  a  citation  or  two  from  each  may  not  be  unpala- 
table. Having  paid  these  compliments  to  your  literary 
merit,  I  wish  it  were  in  my  power  to  say  as  much  in  favor 
of  your  candour  and  sincerity.  The  editor  of  the  dia- 
logue between  the  two  Citizens  it  seems,  is  the  same 
])erson ,  who  overheard  and  committed  to  loriting  the  con- 
versation. 1  was  willing  to  suppose  the  editor  had  his 
relation  at  second  hand,  for  I  could  not  otherwise  account 
for  the  lame,  mutilated  and  imperfect  part  of  the  conver- 
sation attributed  to  mc,  without  ascribing  the  publication 
to  downright  malice,  and  wilful  misrepresentation.  Where 
I  can,  I  am  always  willing  to  give  the  mildest  construc- 
tion to  a  dubious  action.  The  editor  has  now  put  it  out 
of  my  power  of  judging  thus  favorably  of  him,  and  as  I 
have  not  the  least  room  to  trust  to  his  impartiality  a 
second  time,  I  find  myself  under  the  necessity  of  making 
a  direct  application  to  the  press,  to  vindicate  my  intellec- 

'  Ilor.,  "A.  P.,"  31  (In  z'ititim  ducit  culpa-'  fuga  si  caret  arte). 
The  avoiding  one  fault  is  apt  to  lead  into  another. 

"^  In  the  text  tliese  words  have  received  a  liberal  interpretation  ; 
they  mean  strictly  that  a  person  should  assume  a  proper  consequence. 

^  Hor.,  "C,"  iii.,  30,  14.  May  be  translated — Assume  a  pride 
to  merit  justly  due. 


r       .'? 


.! 


Appendix  A. 


247 


jtation  ; 
Iqutmcc. 


pride 


tual  faculties,  which  no  doul)t  have  suffered  much  in  the 
opinion  of  the  publick  (notwithstanding  its  great  good 
nature)  from  the  publication  of  the  above  mentioned 
dialogue. 

The  sentiments  of  the  First  Citizen  are  so  miserably 
mangled  and  disfigured,  that  he  scarce  can  trace  the 
smallest  likeness  between  those  which  really  fell  from 
him  in  the  course  of  that  conversation,  and  what  have 
been  put  into  his  mouth. 

The  First  Citizen  has  not  the  vanity  to  think  his  thoughts 
communicated  to  a  fellow  citizen  in  private  of  sufficient 
importance  to  be  made  publick,  nor  would  he  have  had 
the  i)resumption  to  trouble  that  awful  tribunal  with  his 
crude  and  indigested  notions  of  politics,  had  they  not 
already  been  thus  egregiously  misrepresented  in  print. 
Whether  they  appear  to  more  advantage  in  their  present 
dress,  others  must  determine  ;  the  newness  of  the  fashion 
gives  them  a  quite  different  air  and  appearance  ;  let  the 
decision  be  what  it  will,  since  much  depends  on  the  man- 
ner of  relating  facts,  the  First  Citizen  thinks  he  ought  to 
be  permitted  to  relate  them  his  own  way. 

1st  Citizen  :  I  am  sorry  that  party  attachments  and 
connexions  have  induced  you  to  abandon  old  principles  ; 
there  was  a  time.  Sir,  when  you  had  not  so  favorable  ar 
opinion  of  the  integrity  and  good  intentions  of  Govern- 
ment as  you  now  seem  to  have.  Your  conduct  on  this 
occasion  makes  me  suspect  that  formerly  some  men,  not 
measures,  were  disagreeable  to  you.  Have  we  reason  to 
place  a  greater  confidence  in  our  present  rulers,  than  in 
those  to  whom  I  allude  ?  Some  of  the  present  set  (it  is 
true)  were  then  in  power,  others  indeed  were  not  yet  pro- 
vided for,  and  therefore  a  push  was  to  be  made  to  thrust 
them  into  office,  that  all  power  might  centre  in  one  family . 
Is  all  your  patriotism  come  to  this  ? 


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2nd  Citizen :  I  do  not  like  such  home  expostulations, 
convince  me  that  I  act  wrong  in  supporting  Government 
and  I  will  alter  my  conduct,  no  man  is  more  open  to 
conviction  than  myself — (Vide  Dialogue  to  the  words — 
"  Would  be  all  fair  argument.") ' 

1st  Citizen  :  I  am  not  surprised  that  the  threadbare 
topics  of  arbitrary  princes,  and  proclamations,  should 
give  you  uneasiness.  You  have  insinuated  that  the  repe- 
tition of  them  is  tiresome,  b'it  I  suspect  the  true  cause  of 
your  aversion  proceeds  from  another  quarter.  You  are 
afraid  of  a  comparison  between  the  present  ministers  of 
this  province,  and  those  who  influenced  Charles  the  First, 
and  brought  him  to  the  block  ;  the  resemblance,  I  assure 
you,  would  be  striking.  You  insinuate  that  **  The  opinions 
of  the  greater  Council  in  England"  are  come  to  hand,  in 
favour  of  the  Proclamation,  and  40  per  poll,  and  you 
seem  to  lay  great  stress  on  those  opinions.  A  little  re- 
flection and  acquaintance  with  history  will  teach  you, 
that  the  opinions  of  Court  Laivyers  are  not  always  to  be 
relied  on  ;  remember  the  issue  of  Hambden's  trial,  "  The 
prejudiced  or  prostituted  judges  (four  excepted)"  says  Hume, 
^^ gave  sentence  in  favour  of  the  Crown."  The  opinion 
even  of  a  Camden,  will  have  no  weight  with  me,  should 
it  contradict  a  settled  point  of  constitutional  doctrine. 
On  this  occasion  I  cannot  forbear  citing  a  sentence  or 
two  from  the  justly  admired  author  of  the  *'  Considera- 
tions," which  have  made  a  deep  impression  on  my  mem- 
ory. "/«  a  question  [says  that  writer]  of  public 
concernment^  the  opinion  of  no  Court  Lawyer^  however  re- 
spectable for  his  candour  and  abilities ^  ought  to  weigh  more 
than  the  reasons  adduced  in  support  of  it.  He  then  gives 
his  reasons  for  this  assertion  ;  to  avoid  prolixity  I  must 

•  The  reference  here  is  to  the  "  Dialogue  between  Two  Citizens," 
or  the  first  paper  of  Daniel  Dulany's,  Maryland  Gazette,  January  7th. 


Appendix  A. 


249 


I  public 
ver  re- 
more 
gives 
must 

Itizens," 
lary  7  th. 


refer  you  to  the  pamphlet  ;  if  I  am  not  mistaken  you 
will  find  them  in  page  12.  Speaking  shortly  after  of  the 
opinions  of  Court  Lawyers  upon  American  affairs,  he 
makes  this  pertinent  remark.  *'  They  [Court  Lawyers' 
opinions]  have  been  all  strongly  marked  with  the  same  char- 
acter ;  they  have  been  generally  very  sententious,  and  the 
same  observation  may  be  applied  to  them  all,  they  have  de- 
clared THAT  to  be  LEGAL  7vhich  the  minister  for  the 
time  being  has  deemed  to  be  EXPEDIENT."  Will  you 
admit  this  to  be  fair  argument  1 

2nd  Citizen :  I  confess  it  carries  some  weight  with  it  ; 
1  cannot  with  propriety  dispute  the  authority  on  which  it 
is  founded  ;  make,  therefore,  the  most  of  my  concession. 
Should  I  admit  your  reasoning  on  this  head  to  be  just, 
does  it  follow  that  the  Court  and  Country  interests  are 
incompatible,  that  Government  and  Liberty  are  irrecon- 
cilable ?  Is  every  man,  who  thinks  differently  from  you 
on  publick  measures,  influenced  or  corrupted? 

1st  Citizen  :  "  God  forbid  it  should  be  the  case  of  every 
individual^  I  have  already  hinted  at  the  cause  of  your 
attachment  to  Government  ;  it  proceeds,  I  fear,  more 
from  personal  considerations  than  from  a  persuasion  of 
the  rectitude  of  our  Court  measures  ;  but  I  would  not 
have  you  confound  Government  with  the  officers  of  Gov- 
ernment ;  they  are  things  really  distinct,  and  yet  in  your 
idea,  they  seem  to  be  one  and  the  same. 

Government  was  instituted  for  the  general  good,  but 
officers  intrusted  with  its  powers  have  most  commonly 
perverted  them  to  the  selfish  views  of  avarice  and  ambi- 
tion ;  hence  the  Country  and  Court  interests,  which 
ought  to  be  the  same,  have  been  too  often  opposite,  as 
must  be  acknowledged  and  lamented  by  every  true  friend 
to  liberty.  You  ask  me  are  Government  and  Liberty 
incompatible  ?    Your  question  arises  from  an  abuse  of 


I  i 


»  • 


rii 


« 


V 

1  "^ 


250  Charles  Carroll  of  Carrollton. 


ii<  '.  i 


\\ 


'  I  I 


'  'I 


f   ' 


words,  and  confusion  of  ideas  ;  I  answer  that  so  far  from 
being  incompatible,  I  think  they  cannot  subsist  indepen- 
dent of  each  other.  A  few  great  and  good  princes  have 
found  the  means  of  reconciling  them  even  in  despotic 
States;  Tacitus  says  of  Nerva  :  '^^  Res  olim  dissociabiles 
miscuit  principatum  ac  libertatem."  '  A  wicked  minister 
has  endeavoured,  and  is  now  endevouring  in  this  free 
government,  to  set  the  power  of  the  supreme  magistrate 
above  the  laws  ;  in  our  mother  country,  such  ministers 
have  been  punished  for  the  attempt  with  infamy,  death, 
or  exile.  I  am  surprised,  that  he  who  imitates  their  ex- 
ample, should  not  dread  their  fate. 

2nd  Citizen  :  This  is  not  coming  to  the  point,  you  talk 
at  random  of  dangers  threatening  liberty,  and  of  infringe- 
ments of  the  Constitution,  which  exist  only  in  your  imag- 
ination. Prove,  I  say,  our  ministers  to  have  advised 
unconstitutional  measures,  and  I  am  ready  to  abandon 
them  and  their  cause ;  but  upon  your  ipse  dixit,  I  shall 
not  admit  those  measures  to  be  unconstitutional,  which 
you  are  pleased  to  call  so,  nor  can  I  allow  all  these  to  be 
Court  hirelings,  whom  you  think  proper  to  stigmatize 
with  that  opprobrious  appellation,  and  for  no  other  rea- 
son but  that  they  dare  exercise  Xhtxvown  judgment  in  op- 
position to  yours.  (Read  the  2d  Citizen's  harangue  from 
the  last  words — opposition  to  yours — to  the  following  in- 
clusively— siveat  of  his  brow.) ' 

1st  Citizen :  What  a  flow  of  words  !  how  pregnant 
with  thought  and  deep  reasoning  !     If  you  expect  an  an- 


'  Tacitus,  "  Agricola,"  ch.  3  {ijttamquaiii  .  .  .  Nerva  Casar 
res  olim  dissociabiles  miscnerit,  principatum  ac  liber  talent). 

Thus  translated  by  Gordon  ;  Nerva  blended  together  two  things 
once  found  irreconcilable — Pubiick  Liberty  and  sovereign  Power. 

'  "  Dialogue  between  Two  Citizens,"  Maryland  Gazette,  January 
7th. 


If'  fi 


Appendix  A. 


25J 


swer  to  all  the  points  on  which  you  have  spoken,  you 
must  excuse  my  prolixity,  and  impute  it  to  the  variety  of 
matter  laid  before  me.  I  shall  endeavour  to  be  concise, 
and  if  possible  avoid  obscurity.  You  say,  /  know  not 
what  or  ivhom  I  mean  by  7ue,  and  the  friends  of  the  Consti- 
tution J  I  will  tell  you.  Sir,  whom  I  do  not  mean,  from 
whence  you  may  guess  at  those  whom  I  do.  By  friends 
of  the  Constitution  I  mean,  not  those,  whose  selfish  at- 
tachment to  their  interest  has  deprived  the  publick  of  a 
most  beneficial  law,  from  the  want  of  which,  by  your  own 
account,  ''^  our  staple  is  fallen  into  disgrace  in  foreign  mar- 
kets, and  every  man's  property  in  a  degree  decreasing  and 
mouldering  away."  I  mean  not,  those  few,  out  of  tender- 
ness and  regard  to  whom,  the  general  welfare  of  this 
province  has  been  sacrificed  ;  to  preserve  whose 
salaries  from  diminution,  the  fortunes  of  all  their 
countrymen  have  been  suffered  to  be  impaired  ;  I 
mean  not  those,  who  advised  a  measure  which  cost  the 
first  Charles  his  crown  and  life  ;  and  who  have  dared  to 
defend  it  upon  principles  move  unjustifiable  and  injurious 
than  those,  under  which  it  was  at  first  pretendedly  palli- 
ated. You  see.  Sir,  I  adopt  the  maxim  of  the  British 
Constitution,  The  King  can  do  no  7vrong  ;  I  impute  all 
the  blame  to  his  ministers,  who  if  found  guilty  and  dragged 
to  light,  I  hope  will  be  made  to  feel  the  resentment  of  a 
free  people.  But  it  seems,  from  your  suggestion,  that 
we  are  to  place  an  unlimited  trust  in  the  men,  whom  I 
have  pretty  plainly  pointed  out,  because  they  are  men  of 
great  wealth,  and  have  "  as  deep  a  stake  in  the  safety  of  the 
Constitution  as  any  of  us."  Property  even  in  private  life, 
is  not  always  a  security  against  dishonesty  ;  in  publick,  it 
is  much  less  so.  The  ministers,  who  have  made  the 
boldest  attacks  on  liberty,  have  been  most  of  them,  men 
of  affluence  ;  from  whence  I  infer,  that    riches,  so  far 


.  ,1 


H 


I 


^ti 


r 


S' 


iiJi 


t  till 


252  Charles  Carroll  of  Car rollton. 


V       I 


*  i  I 


■  I 


from  insuring  a  minister's  honesty,  ought  rather  to  make 
us  more  watchful  of  his  conduct. 

You  go  on  with  this  argument,  and  urge  me  thus, 
"  Do  I  conceive  that  such  vien  can  possibly  be  hired  unless 
they  be  overtaken  by  infatuation,  to  engage  to  pull  doivn  a 
fair  and  stately  edifice,  with  the  ruins  of  which,  as  soon  as 
it  is  levelled  to  the  ground,  they  and  their  families  are  to  be 
stoned  to  death''  I  have  read  of  numberless  instances 
of  such  infatuation  ;  there  are  now  living  examples  of  it ; 
the  history  of  mankind  is  full  of  them  ;  men  in  the 
gratification  of  sensual  appetites,  are  apt  to  overlook 
their  future  consequences  ;  thus  for  the  present  enjoy- 
ment of  wealth  and  power,  liberty  in  reversion  will  be 
easily  given  up  ;  besides,  a  perpetuity  in  office  may  be 
aimed  at ;  hopes  may  be  entertained  that  the  good  thing, 
like  a  precious  jewel  will  be  handed  down  from  father 
to  son.  I  have  known  men,  of  such  meanness,  and  of 
such  insolence  (qualities  often  met  with  in  the  same  per- 
son) who  exclusive  of  the  above  motives,  would  wish  to 
be  the  first  slave  of  a  sultan,  to  lord  it  over  all  the  rest ; 
power,  sir,  power  is  apt  to  pervert  the  best  of  natures  ; 
with  too  much  of  it  I  would  not  trust  the  milkiest  man 
on  earth  ;  and  shall  we  place  confidence  in  a  minister  too 
long  inured  to  rule,  grown  old,  callous  and  hackneyed 
in  the  crooked  paths  of  policy  ? 

2nd  Citizen  :  ^^  I  do  not  chiise  to  ansiver  this  last  ques- 
tion" You  grow  warm  and  press  me  too  close.  But 
why  is  all  your  indignation  poured  out  against  our  min- 
isters, and  no  part  of  it  reserved  for  the  lawyers,  those 
cutthroats,  extortioners,  those  enemies  to  peace  and 
honesty,  those  rei  publico  portenta  ac  pcene  funera,^  to 
use  the  energetic  words  of  Tully,  because  I  can  find  none 

'  Cic,  Prov.  Cons.,  i,  2.  {Gabinius  et  Piso  duo  rei  ptiblica  por- 
tenta ac  pane  funera.) 


Appoidix  A. 


253 


in  English  to  convey  my  full  meaning,  biit  by  comparing 
our  harpies  to  those  two  monsters  of  iniciuity,  I'iso  and 
Gabinius. 

Mr.  Melmoth,  the  elegant  translator  of  Cicero's  familiar 
letters,  makes  this  remark  on  the  8th  letter  of  the  first 
book,  Vol.  I,  "Cicero  has  delineated  the  characters  at 
large  of  these  consuls  (Piso  and  Gabinius)  in  several  of 
his  orations,  but  he  has  in  two  words  given  the  most 
odious  picture  of  them  that  exasperated  elotpience  per- 
haps ever  drew  where  he  calls  them  '  duo  rei  publicaj 
ac  pcene  funera ' — an  expression  for  which  modern 
language  can  furnish  no  equivalent." 

1st  Citizen  :  From  this  vehemence  of  yours,  I  perceive 
you  are  one  of  those  who  have  joined  in  the  late  cry 
against  lawyers  ;  from  what  cause  does  all  this  rancour 
and  animosity  against  these  gentlemen  proceed  ?  Is  it 
a  real  tenderness  for  the  people,  which  has  occasioned 
such  scurrility  and  abuse  ?  Or  does  your  hatred,  and 
that  of  your  kidney,  arise  from  disappointment  and  the 
unexpected  alliance  between  the  lawyers  and  the  people, 
in  opposition  to  officers.  This  alliance,  I  know,  has 
been  termed  unnatural,  because  it  was  thought  contrary 
to  the  lawyers  interests  to  separate  themselves  from  the 
officers  ;  since  a  close  and  firm  union  between  the  two, 
would  probably  secure  success  against  all  patriotic  at- 
tempts to  relieve  the  people  from  their  late  heavy  bur- 
thens, of  which  too  great  a  part  still  subsists. 

2»(i  Citizen  :  **  For  heaven's  sake  to  what  purpose  is  all 
this  idle  talk  ?  You  well  know  it  docs  not  touch  us,  we  are 
not  galled,  and  therefore  need  not  wince."  But  reconcile 
if  you  can,  the  inconsistency  of  conduct,  with  which 
some  of  your  favourites  may  be  justly  reproached  ;  I  have 
one  or  two  in  my  eye  (great  patriots)  whose  conduct,  I 
am  sure,  will  not  bear  a  strict  scrutiny,     /  can  tell  them 


I 


n 


— I 


2  54  Charles  Carroll  of  Carrollton, 


;     '       :' 


(  fl 


with  truth.  (Vide  dialogue  from  the  last  words,  to  these 
— "  glorious  and  patriotic  particulars.")  ' 

1st.  Citizen  :  Is  it  a  crime  then  to  be  seen  in  the  com- 
pany of  certain  great  officers  of  government  ?  Surely 
their  principles  must  be  pestilential  indeed,  whose  very 
breath  breeds  contagion.  But  you  can  name  '*  the  very 
apj)ointments  they  have  laid  their  fingers  upon,  you  are 
well  apprizedof  their  eager  impatience  to  get  into  office  ;" 
if  you  are  well  assured  of  all  this,  if  you  can  name  the 
appointments,  why,  in  God's  name,  do  it :  speak  out  at 
once,  undeceive  me,  show  me  that  I  have  mistaken  my 
men,  th  '  I  have  been  imposed  on.  For  never  will  I 
deem  that  man  a  fast  and  firm  friend  to  his  country  or  fit 
to  represent  it,  who  under  their  circumstances  applies 
for,  or  accepts  an  office  from  government ;  the  applica- 
tion for  or  the  acceptance  of  a  place  by  the  persons 
alluded  to  would,  in  my  opinion,  as  much  disqualify 
them  for  so  important  a  trust,  as  the  duplicity  of  charac- 
ter which  you  lay  to  their  charge. 

2nd  Citizen  :  Do  not  mistake  my  meaning,  or  wilfully 
misrepresent  it  ;  I  do  not  pretend  to  insinuate,  that  a 
person  accepting  a  place  thereby  becomes  unfit  for  a 
representative,  but  that  no  dependence  can  be  placed  in 
one  who  declaims  with  virulence  against  officers^  and  yet 
would  readily  take  an  office. 

1st.  Citizen  :  So  I  understood  you  ;  have  I  put  a  dif- 
ferent construction  on  your  meaning  ? 

2nd  Citizen  :  Not  expressly,  but  you  seem  to  think  the 
acceptance  of  a  place  as  exceptionable,  as  duplicity  of 
conduct ;  I  am  not  quite  of  that  opinion. 

1st  Citizen :  There  we  differ  then  ;  I  esteem  a  double 

dealer,  and  an  officer  equally  unfit  to  be  chosen  a  mem- 

'  "  Dialogue  between  Two  Citizens,"  Maryland  Gazette,  January 
7th. 


yet 
dif- 

the 
of 


Appendix  A, 


255 


ber  of  Assembly  ;  for  this  opinion  I  have  the  sanction  of 
an  act  of  Parliament,  which  vacates  the  seat  of  a  member 
in  the  House  of  Commons  on  his  obtaining  a  post  from 
Government,  presuming  that  men  under  the  bias  of  self 
interest,  and  under  personal  obligations  to  government, 
cannot  act  with  a  freedom  and  independence  becoming  a 
representative  of  the  people.  The  act,  it  is  true,  leaves 
the  electors  at  liberty  to  return  the  same  member  to  Parlia- 
ment, in  which  particular  (be  it  spoken  with  due  defer- 
ence) it  is  more  worthy  our  censure  than  our  imitation  ; 
I  have  a  wide  field  before  me,  but  I  perceive  your 
patience  begins  to  be  exhausted,  and  your  temper  to  be 
ruffled.  I  have  told  some  disagreeable  truths  with  a 
frankness  which  may  be  thought  by  a  person  of  your 
steadiness  and  importance^  somewhat  disrespectful ;  I  leave 
you  to  ponder  in  silence,  and  at  leisure  on  what  1  have 
said.     Farewell. 


f  i 

:    i 
1 

11 

\ 

M 

■1 

1 

I 


.^f 


M 


vl  1 


I 


ible 

em- 

^uary 


;  . 


'   <   '; 


I  ., 


I    /'  I 


it  .^  I 


LETTER  II. 

— "  Though  SOMK  counsellor  J  will  be  found  to  have  con- 
tributed their  endeavours^  yet  there  is  onk  juho  challenges 
the  infamous  preeminence^  and  7vho  by  his  capacity^  craft, 
and  arbitrary  counsels,'  is  entitled  to  the  first  place  among 
these  betrayers  of  their  country y — Hume's  '*  Hist,  of  Eng.," 
vol.  v.,  p.  243,  4to  edit. 

The  most  despotic  councils,  the  most  arbitrary  meas- 
ures, have  always  found  some  advocates,  to  disgrace  a 
free  nation.  When  these  men,  in  the  room  of  cool,  and 
dispassionate  reason,  substitute  virulent  invective,  and 
illiberal  abuse,  we  may  fairly  presume,  that  arguments 
are  either  wanting,  or  that  ignorance  and  incapacity 
know  not  how  to  apply  them. 

Considering  the  known  abilities,  as  a  writer  of  the 
person  pointed  out  to  be  the  principal  adviser  of  the 
"  Proclamation,"  considering  too,  his  legal  and  constitu- 
tional knowledge,  we  can  hardly  suppose,  if  solid  reasons 
could  be  adduced  in  support,  or  extenuation,  of  that 
measure,  but  what  they  would  have  been  urged,  with  all 
the  force  of  clear,  nervous  and  animated  language.  There 
will  not,  I  imagine,  be  wanting  lawyers,  to  undertake  a 
refutation  of  Antillon's  legal  reasoning  in  favor  of  the 

'  The  words  in  small  roman  letters  are  substituted  instead  of  the 
words  enterprise,  and  courage,  made  use  of  by  the  historian. 

256 


Appendix  A. 


257 


the 
the 
ititu- 
lisons 
that 
Ih  all 
[here 
Ike  a 
the 

jf  the 


Proclamation  ;  I  shall  therefore  exrimine  his  defence  of 
it,  rather  upon  constitutional  principles,  and  endeavor  to 
show,  that  it  is  contrary  to  tiie  spirit  of  our  constitution^ 
in  particular,  and  would,  if  submitted  to,  be  productive 
of  fatal  consccjuences  ;  but  previous  to  my  entering  upon 
this  inquiry,  it  will  be  necessary  to  expose  the  "  shameless 
effrontery  "  with  which  Antillon  has  asserted  facts,  en- 
tirely destitute  of  truth,  and  from  which  he  has  taken 
occasion  to  blacken  the  character  of  a  gentleman,  totally 
unconnected  with  the  present  dispute.  Who  that  gentle- 
man is,  no  longer  remains  problematical ;  the  place  of 
his  education,  and  his  age,  have  been  mentioned,  to  fix 
the  conjectures  of  the  publick,  and  to  remove  all  doubt. 
**  lie  instigated  by  inveterate  malice,  has  invented  false- 
hoods for  incorrigible  folly  to  adopt,  and  indurated  im- 
pudence to  propagate,"  of  this  Antillon  has  confidently 
accused  him,  but  upon  what  proof  ?  on  no  other  than  his 
own  conjecture. 

The  First  Citizen  avers  (and  his  word  will  be  taken 
sooner  than  Antillon's)  that  he  wrote  the  dialogue  be- 
tween two  citizens  published  in  the  Maryland  Gazette  of 
the  4th  instant,  without  the  advice,  suggestion,  or  assist- 
ance of  the  supposed  author  or  coadjutor.  Hut  the  First 
Citizen  and  the  Independent  Whigs  are  most  certainly 
confederated  ;  they  are  known  to  each  other  ;  an  asser- 
tion this,  Antillon,  equally  rash  and  groundless  with  your 
former.  Why  do  you  suppose  this  confederacy  .?  From 
a  similitude  of  sentiments  with  respect  to  your  conduct, 
and  Proclamation  ?  If  so,  then  indeed  are  nine-tenths 
of  the  people  of  this  province  confederated  with  the 
First  Citizen,  The  Independent  Whigs,  however,  as  it 
happens,  are  unknown  to  the  First  Citizen  ;  of  their 
paper  he  had  not  the  least  intelligence,  till  he  read  it  in 
the  Maryland  Gazette  of  the  nth  instant.     He  now  takes 


17 


,i. 


h 


258  Charles  Carroll  of  Carrol  I  ton. 


M 


this  o|)i)ortunity  of  thanking  these  gentlemen  for  the 
compliments,  which  they  have  been  jileased  to  bestow  on 
his  endeavors,  to  draw  the  attention  of  the  publick,  from 
other  objects,  to  the  real  authors,  or  rather  author  of  all 
our  evils. 

With  what  propriety,  with  what  justice  can  Antillon 
reproach  any  man  with  malignity,  when  stimulated  by 
that  passion,  he  accuses  others  without  proof  of  being 
confederated  with  the  First  Citizen,  and  from  mere  sus- 
picion of  so  treasonable  a  confederacy,  vomits  out  scur- 
rility and  abuse  against  imaginary  foes  ?  Not  content 
with  uttering  falsehoods,  grounded  solely  on  his  own 
presumption,  he  has  imputed  the  conduct  of  "  one  of  the 
confederates  "  to  a  motive,  which,  if  real,  can  only  be 
known  to  the  great  searcher  of  hearts.  This  confederate 
is  represented  as  "wishing  most  devoutly  "  (a  pious  and 
Christian  insinuation)  for  an  event  of  all  others  the  most 
calamitous,  the  death  of  a  most  loved  parent  ;  ungener- 
ous suggestion,  unfeeling  man  !  do  you  really  entertain 
such  an  opinion  of  the  son  ?  Do  you  desire,  that  the 
assigned  cause  of  the  imputed  wish  should  have  its  in- 
tended effect,  create  uneasiness,  a  coolness  or  distrust  ? 
What  behavior,  what  incident,  what  passage  of  his  life, 
warrant  this  your  opinion  of  the  son,  supposing  it  to  be 
real  ?  That  they  have  always  lived  in  the  most  perfect 
harmony,  united  by  nature's  strongest  ties,  parental  love, 
filial  tenderness  and  duty,  envy  itself  must  own.  That 
father,  whose  death  the  son  devoutly  wishes  for,  never 
gave  him  cause  to  form  a  wish  so  execrable  ;  he  has  been 
treated  with  the  utmost  affection  and  indulgence  by  the 
father  ;  in  return  for  all  that  tenderness  and  paternal 
care — 

"  Him  let  the  tender  office  long  engage, 
To  rock  the  cradle  of  reposing  age  ; 


Af>pcudix  .  f. 


259 


With  Irnicnt  art  extend  a  father*'*  lircath, 

Make  lan^^imr  smile,  and  snio'tthe  the  bed  of  <lr.itli." 


I  cannot  conceive  what  "the  generous  and  sj)irited  be- 
havior of  one  of  the  confederates"  (who,  by  the  bye,  is 
no  confi-'derate)  on  a  former  occasion,  has  to  do  with  the 
present  (juestion,  unless  to  divert  the  attention  from  the 
subject,  or  to  introduce  a  specimen  of  satire  and  false- 
hood prettily  contrasted  in  antitheses.  The  period,  I 
confess,  runs  smooth  enough  ;  b'lt  Antillon,  let  me  give 
you  a  piece  of  advice,  though  it  coiaes  from  an  enemy, 
it  may  be  useful  ;  whenever  you  iiean  to  be  severe,  con- 
fine yourself  to  truth,  illib'  1  il  ca. umny  lecoils  with 
double  force  on  the  calumniator,  /-n  exjjression  of  the 
First  Citizen  has  been  construed  into  .1  '" f^reparation'' 
to  malign  the  ministei's  son  ;  if  thiS  intention  could  be 
fairly  gathered  from  the  words  inserted  in  the  note  ' 
(and  there  are  no  other  to  give  the  least  color  10  the 
charge)  it  would  cause  the  First  Citizen  unfeigned  con- 
cern. To  wii)e  off  the  imputation,  I  must  beg  leave  to 
refer  the  reader  to  the  dialogue  published  by  the  J-'irst 
Citizen  ;  he  will  there  see  that  the  Second  Citizen  inti- 
mates, a  confidence  ought  to  be  placed  in  our  ministers, 
because  they  are  men  of  property,  "  and  have  as  deep  a 
stake  in  the  safety  of  the  Constitution  as  any  of  us." 

In  answer  to  this  reasoning  the  First  Citizen  observes, 
that  a  minister's  wealth  is  not  always  a  security  for  his 
honesty  ;  because,  to  increase  that  wealth,  to  maintain 
his  seat,  and  to  aggrandize  his  own,  he  may  be  tempted 
to  enlarge  the  powers  of  the  Crown  (the  First  Citizen 
speaks  generally),  more  especially  should  he  (the  minis- 
ter) have  any  expectation  of  transmitting  his  post  to  one 

'  "  Hopes  may  be  entertained  that  the  good  thing  like  a  precious 
jewel  will  be  handed  down  from  father  to  son." 


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260  Charles  Carroll  of  Carrollton. 

of  his  own  family,  to  his  son,  for  instance.  "  It  has  been 
the  maxim  "  (says  a  judicious  historian  ')  of  "  English 
princes  whenever  popular  leaders  encroach  too  much  on 
royal  authority,  to  confer  offices  on  them,  in  expecta- 
tion that  they  will  afterwards  become  more  careful,  not 
to  diminish  that  pmver  which  has  become  their  own''  It 
is  not  even  asserted,  that  the  minister  does  actually  en- 
tertain a  hope  of  securing  his  office  to  his  son,  but  that, 
possibly,  he  may  entertain  such  a  hope.  It  may  be  impol- 
itic in  the  Supreme  Magistrate,  to  grant  offices  to  many 
of,  and  to  continue  them  in  the  same  family,  but  it  is 
natural  for  the  head  of  that  family  to  wish  it ;  if  even  to 
wish  to  transmit  an  office  to  his  son,  should  be  thought 
culpable  in  the  father,  yet  still  is  the  son  exempt  from 
all  blame. 

I  must  answer  a  question  or  two,  put  by  Antillon,  be- 
fore I  go  into  an  examination  of  his  reasons  in  support 
of  the  Proclamation,  that  the  argument  may  be  as  little 
interrupted,  and  broke  in  upon,  as  possible,  by  topics 
foreign  to  that  inquiry.  Antillon  asks,  "  What  do  the 
Confederates  mean  [he  should  have  said  what  does  the 
First  Citizen  mean]  by  dragging  to  light — made  to  feel 
the  resentment  of  a  free  people — endeavour  to  set  the 
power  of  the  Supreme  Magistrate  above  the  laws — dread 
of  such  fate."  Answer — By  dragging  to  light,  nothing 
more  was  meant,  than  that  the  House  of  Delegates  should 
again  endeavour,  by  an  humble  address  to  the  Governor, 
to  prevail  on  him  to  disclose  the  ill  adviser,  or  "  those 
ill  advisers,  who  have  most  daringly  presumed  to  tread 
on  the  invaluable  rights  of  the  freemen  of  Maryland." — 
"  Made  to  feel  the  resentment  of  a  free  people  "  may  need 
a  little  explanation  ;  the  sense  of  the  subsequent  quota- 
tions is  sufficiently  obvious.     If  the  real  adviser,  or  advis- 

'  Hume. 


Appendix  A, 


ers  of  the  Proclamation,  could  be  discovered,  in  my 
opinion  (I  do  not  mean  to  dictate,  and  to  prescribe  to 
the  delegates  of  the  people)  they  ought  in  justice  to 
their  constituents,  humbly  to  address  the  Governor,  to 
remove  him,  or  them,  from  his  counsels,  and  all  places 
of  trust  and  profit,  if  they  be  invested  with  such,  not 
merely  as  a  punishment  on  the  present  transgressor,  or 
transgressors,  but  as  a  warning  to  future  counsellors,  not 
to  imitate  their  example.  I  have  dwelt  the  longer  on  the 
meaning  of  the  words — **  made  to  feel  the  resentment  of 
a  free  people,"  because  I  perceive  pusillanimity  and  con- 
scious guilt  have  inferred  from  the  expression,  '*  a  san- 
guine hope  in  the  *  Confederates '  that  the  free  people 
of  Maryland  will  become  a  lawless  mob  at  their  instiga- 
tion, and  be  the  dupes  of  their  infernal  rage." 

Sleep  in  peace,  good  Antillon,  if  thy  conscience  will 
permit  thee  ;  no  such  hope  was  conceived  by,  a  thought 
of  the  sort  never  entered  the  First  Citizen's  head,  nor 
(as  he  verily  believes,)  of  any  other  person.  The  First 
Citizen  rejects  with  horror  and  contempt  the  cowardly 
aspersion.  But  should  a  mob  assemble  to  pull  down  a 
certain  house,  and  hang  up  the  owner,  methinks  it  would 
not  be  very  formidable,  when  headed  and  conducted  by 
a  monkey,  against  a  chief  of  such  spirit  and  resolution. 
Sarcasms  on  personal  defects  have  ever  been  esteemed 
the  sure  token  of  a  base  and  degenerate  mind  ;  to  pos- 
sess the  strength  and  graces  of  your  person,  the  gentle- 
man alluded  to  would  not  exchange  the  infirmities  of 
his  puny  frame,  were  it  on  that  condition,  to  be  animated 
by  a  soul  like  thine. 

I  have  at  length  gone  through  the  painful  task  of  silenc- 
ing falsehood,  exposing  malice,  and  checking  insolence. 
The  illiberal  abuse  so  plentifully  dealt  out  by  Antillon 
would  have  been  passed  over  with  silent  contempt,  had  he 


f 


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262  Charles  Carroll  of  Car rollton. 


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11! 


not  so  interwoven  it  with  positive  assertion  of  facts,  that 
the  latter  could  not  be  contradicted,  without  taking  some 
notice  of  the  former.  I  shall  now  examine  Antillon's 
reasons  in  justification  of  the  Proclamation,  and  after  his 
example,  I  shall  first  compare  the  two  transactions,  the 
Proclamation,  and  the  assessment  of  ship-money.  That 
the  latter  was  a  more  open  and  daring  violation  of  a  free 
constitution '  will  be  readily  granted  ;  the  former  I  con- 
tend to  be  a  more  disguised  and  concealed  attack,  but 
equally  subversive,  in  its  consequences,  of  liberty.  An- 
tillon's account  of  the  levy  of  ship-money,  though  not 
quite  so  impartial  as  he  insinuates,  I  admit  in  the  main 
to  be  true.  *'  The  amount  of  the  wliole  tax  was  very 
moderate,  little  exceeding;^ 200,000  ;  it  was  levied  upon 
the  people  with  justice  and  equality,  and  this  money  was 
entirely  expended  upon  the  navy,  to  the  great  honour 
and  advantage  of  the  kingdom."  At  that  period  the 
boundaries   between    liberty    and    prerogative   were   far 

'  The  most  open  and  avowed  attacks  on  liberty  are  not  perliaps 
the  most  dangerous.  Where  rigorous  means,  "  the  arbitrary  seizure 
of  property  and  the  deprivation  of  personal  liberty  are  employed  to 
spread  terror,  and  compel  submission  to  a  tyrant's  will,"  they  rouse 
the  national  indignation,  they  excite  a  general  patriotism,  and  com- 
municate the  generous  ardor  from  breast  to  breast  ;  fear  and  resent- 
ment, two  powerful  passions,  unite  a  whole  people,  in  opposition  to 
the  tyrant's  stern  commands  ;  the  modest,  mild,  and  conciliating 
manner  in  which  the  latent  designs  of  a  crafty  minister  come  some- 
times recommended  to  the  publick,  ought  to  render  them  the  more 
suspected,  "^  tiineo  Danaos,  et  dona  ferentes"  :  The  gifts  and  smiles 
of  a  minister  should  always  inspire  caution  and  diffidence.  There  is 
no  attempt,  it  is  true,  in  the  Proclamation  "to  subject  the  people 
indebted  to  the  officers  for  services  performed  to  any  execution  of 
their  effects  or  imprisonment  oi  their  persons — on  any  account."  If 
the  judges  however  should  determine  costs  to  be  paid,  according  to 
the  rates  of  the  Proclamation,  execution  of  a  person's  effects  or  impris- 
onment would  necessarily  follow  his  refusal  to  pay  those  rates. 


I  1 


\    -hV 


Appendix  A. 


263 


from  being  ascertained  ;  the  Constitution  had  long  been 
fluctuating  between  those  opposite  and  contending  inter- 
ests, and  had  not  then  arrived  to  that  degree  of  consist- 
ency and  perfection  it  has  since  acquired,  by  subsequent 
contests,  and  by  the  improvements  made  in  later  days, 
when  civil  liberty  was  much  better  defined  and  better 
understood.  The  assessment  of  ship-money  received  the 
sanction  of  the  judges.  "  After  the  laying  on  of  ship- 
money,  Charles,  in  order  to  discourage  all  opposition, 
had  proposed  the  question  to  the  judges,"  whether  in 
a  case  of  necessity,  for  the  defence  of  the  kingdom,  he 
might  not  impose  this  taxation,  and  whether  he  was  not 
sole  judge  of  the  necessity.  *'  These  guardians  of  law 
and  liberty,  replied  with  great  complaisance  [reflect  on 
this,  good  reader],  "  that  in  a  case  of  necessity,  he  might 
impose  that  taxation,  and  that  he  was  the  sole  judge  of 
the  necessity."  The  same  historian,  speaking  of  that 
transaction,  concludes  thus  :  **  These  observations  alone 
may  be  established  on  both  sides.  That  the  appearances 
were  sufficiently  strong  in  favour  of  the  King,  to  apolo- 
gize for  his  following  such  maxims  ;  and  that  publick 
liberty  must  be  so  precarious,  under  this  exorbitant  pre- 
rogative, as  to  render  an  opposition,  not  only  excusable 
but  laudable  in  the  people."  But  I  mean  not  to  excuse 
the  assessment  of  ship-money,  nor  to  exculpate  Charles  ; 
his  conduct  will  admit  of  no  good  apology. 

Now  let  us  take  a  view  of  the  Governor's  Proclama- 
tion, advised  by  the  minister,  and  of  all  its  concomitant 
circumstances — a  disagreement  in  sentiment  between  the 
two  branches  of  our  Legislature  about  the  regulation 
of  officer's  fees,  occasioned  the  loss  of  the  inspection  law 
in  the  month  of  November,  1770 — Some  proceedings  in 
the  land-office,  had  created  a  suspicion  in  the  members 
of  the    Lower   House   of  that   Assembly   then   sitting, 


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264  Charles  Carroll  of  Car rollton. 


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"That  the  government  had  entertained  a  design,  in  case 
the  several  branches  of  the  Legislature  should  not  agree 
in  the  regulation  of  officer's  fees,  to  attempt  establishing 
them  by  Proclamation,"  To  guard  against  a  measure 
incompatible  with  the  permanent  security  of  property 
and  the  constitutional  liberty  of  the  subject,  they  in  an 
address  to  his  Excellency  asserted,  "  That  could  they 
persuade  themselves,  that  his  Excellency  could  possibly 
entertain  a  different  opinion,  they  should  be  bold  to  tell 
him,  that  the  people  of  this  province  will  ever  oppose  the 
usurpation  of  such  a  right."  To  which  address  the  Gov- 
ernor returned  this  remarkable  answer  in  his  message  of 
the  20th  day  of  November,  1770,  "That  his  lordship's 
authority  had  not  yet  interposed  in  the  regulation  of  fees 
of  officers,  nor  had  he  any  reason  to  imagine  it  would 
interpose  in  such  a  manner  as  to  justify  a  regular  opposi- 
tion to  it."  '  Notwithstanding  this  declaration,  a  few 
days  after  the  prorogation  of  that  Assembly,  the  Procla- 
mation of  the  26th  day  of  November  (the  subject  of 
the  present  controversy)  was  issued  contrary  to  a  seem- 
ing promise  given  by  the  minister  (for  I  consider  the 
Governor's  speeches  and  messages  as  flowing  from  his 
minister's  advice)  and  contrary  to  the  opinion  entertained 
by  the  minister  himself,  of  its  legality.  The  accusation 
will  not  appear  too  rash,  when  we  reflect  on  the  abilities 
of  the  man,  his  experience,  his  knowledge  of  the  law  and 
Constitution,  and  his  late  flimsy  and  pitiful  vindication 

'  From  the  words  in  the  text,  I  think  it  is  evident,  the  minister 
had  at  that  very  time  determined  on  issuing  the  Proclamation  ;  should 
he  afterwards  be  reproached  with  a  breach  of  promise,  he  had  his 
answer  ready,  the  Proclamation  was  not  issued  in  such  a  matmer,  as 
to  justify  a  regular  opposition,  it  was  only  issued  with  a  view  to  pre- 
vent the  extortion  of  officers — for  this  reason  I  have  called  the 
minister's  promise  a  seeming  promise. 


•■¥ 


Appendix  A. 


265 


of  the  measure.  He  knew  that  a  "  similar  Proclamation 
published  in  the  year  1733  had  agitated  and  disjointed 
this  province  till  the  year  1747.  The  evils,  which  were 
thereby  occasioned,  ought  strongly  to  have  dissuaded  a 
second  attempt,  to  exercise  such  power."  Antillon  has 
admitted  this  fact,  and  has  attributed  "  the  most  violent 
opposition  that  ever  a  Governor  of  Maryland  met  with  " 
to  this  very  measure.  "  He  [Ogle]  was  so  well  convinced 
of  the  authoritative  force  of  the  Proclamation,  for  settling 
fees  of  officers,  that  he  expressly  determined,  as  Chan- 
cellor, by  a  final  compulsory  decree,  fees  should  be  paid 
upon  the  authority,  and  according  to  the  very  settlement 
of  the  Proclamation,"  which,  of  his  own  will  and  mere 
motion  he  had  pre-ordained  as  Governor. 

What  is  the  meaning  of  all  this  in  plain  English  ? 
Why  that  Ogle  made  himself  both  judge  and  party  ;  like 
the  French  King,  he  issued  out  his  edict  as  a  law,  which 
he  enforced  in  his  own  court,  as  judge.  I  am  unwill- 
ingly, and  unavoidably  drawn  into  the  censure  of  a  man, 
who  by  his  subsequent  conduct,  which  was  mild  and 
equitable,  fully  atoned  for  the  oppressions  (shall  I  call 
them  errors)  of  his  former  administration.  Antillon  asks, 
*'  What  did  he  [Ogle]  deserve  ;  infamy,  death  or  exile  ?  " 
No,  not  quite  so  severe  punishment,  Antillon  ;  he  only 
deserved  to  be  removed  from  his  government,  and  not 
even  that  punishment,  if  he  was  directed,  advised,  and 
governed  by  such  a  minister  as  thou  art ;  for  in  that  case, 
the  disgrace,  and  removal  of  the  minister  would  have 
been  sufficient,  and  would  probably  have  restored  ease, 
security,  and  happiness  to  the  people.  But  if  Eden 
should  follow  Ogle's  example,  what  then  ?  Eden  is  a  Gov- 
ernor, a  Governor  is  a  King,  and  a  King  can  do  no  wrong, 
ergo,  a  Governor  may  cut  the  throats  of  all  the  inhabi- 
tants of  Maryland,  and  then  pick  their  pockets,  and  will 


l\ 


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266  Charles  Carroll  of  Carrollton, 


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'.'i 


not  be  liable  to  be  punished  for  such  atrocious  doings  ; 
excellent  reasoning  !  exquisite  wit  and  humor  ! 

If  you,  Antillon,  should  still  be  hardy  enough, 
to  continue  to  inspire  the  same  councils,  which 
have  already  set  this  Province  in  a  flame,  and  the 
Governor,  when  warned  and  cautioned  against  your  per- 
nicious designs,  should  still  listen  to  your  advice,  in  op- 
position to  the  wishes  and  inclinations  of  the  people, 
over  whom  he  has  the  honour  to  preside,  I  confess,  I 
should  be  one  of  those,  who  most  heartily  wish  for  his 
removal.  Does  this  look  like  flattery,  Antillon  ?  I  scorn 
the  accusation.  The  First  Citizen  has  always  treated  his 
Excellency  with  that  respect  which  his  station  commands, 
and  with  that  complacence,  which  is  due  from  one  gentle- 
man to  another  ;  to  flatter,  or  to  permit  flattery,  is  equally 
unbecoming  that  character  ;  Antillon  accuses  the  con- 
federates, of  fawning  servility,  extravagant  adulation^  and 
the  meanest  debasement,  yet  this  very  man  is  not  entirely 
exempt  from  the  imputation  of  flattery — **  They  know  not 
the  man,  whom  they  thus  treat,"  cui  male  si palpere  recalcit- 
rat  undique  tutus '  was  an  artful  compliment,  paid  by  a 
courtly  poet  to  the  tyrant  Augustus.  Yes,  Antillon,  1 
know  the  man  ;  I  know  him  to  be  generous,  of  a  good 
heart,  well  disposed,  and  willing  to  promote,  if  left  to 
himself,  the  happiness  and  welfare  of  the  Province, 
but  youthful,  unsuspicious  and  diffident  of  his  own  judg- 
ment in  matters  legal  and  political,"  failings,  (if  they  de- 


'  Hon,  "Sat.,"  ii.,  i,  20. 

'  It  cannot  be  supposed  that  the  King  can  have  a  thorough  know- 
ledge of  every  department  in  his  kingdom  ;  he  appoints  judges,  to 
interpret,  and  to  dispense  law  to  his  subjects  ;  ministers  to  plan,  and 
digest  schemes  of  policy,  and  to  conduct  the  business  of  the  nation  ; 
j^enerals,  and  admirals,  to  command  his  armies,  and  fleets  ;  over  all 
these  he  has  a  general  superintendency,  to  remove,  and  punish  such 


Appendix  A. 


267 


serve  the  name)  that  have  caused  him  to  repose  too  great 
a  confidence  in  you  ;  from  this  opinion  of  the  man,  from 
a  persuasion  of  his  good  intentions,  I  was  induced  to 
apply  to  him  the  maxim  of  the  British  Constitution,  "///<? 
/Cing  can  do  no  wrong,"  wiiich  you  have  so  wittily  and 
humorously  ridiculed.  The  Governor  is  no  King,  won- 
derful discovery !  who  said  he  was  ?  you  comprehend 
the  full  force  and  justice  of  the  application,  and  you  best 
know  the  reason  of  it ;  in  order  to  elude  and  defeat  its 

as  from  incapacity,  corruption  or  other  misdemeanors  may  be  unfit, 
and  unworthy  of  the  trust  reposed  in  them — "  The  King  cannot  exer- 
cise a  judicial  office  himself,  for  though  justice  and  judgment  flow 
from  him  yet  he  dispenses  them  by  his  ministers,  and  has  com- 
mitted all  his  judicial  power  to  different  courts  ;  and  it  is  highly  nec- 
essary for  his  people's  safety  he  should  do  so,  for  as  Montesquieu 
justly  observes — There  is  no  liberty  if  the  power  of  judging  be  not 
separated  from  the  legislative  and  executive  powers.  Were  it  joined 
with  the  legislative,  the  life  and  liberty  of  the  subject  would  be  ex- 
posed to  arbitrary  control,  for  the  judge  would  then  be  legislator ; 
were  it  joined  to  the  executive  power,  the  judge  might  behave  with  all 
the  violence  of  an  oppicssor,  tiere,  the  Governor,  who  exercises  the 
executive  and  a  share  of  the  legislative  power  holds  and  exercises 
also  one  of  the  most  considerable  judicial  offices — for  he  is  Chancel- 
lor, a  jurisdiction,  which  in  the  course  of  some  years,  may  bring 
a  considerable  share  of  the  property  of  this  country,  to  his  determina- 
tions." The  Governor  is  so  well  satisfied  of  wanting  advice,  that  in 
determining  causes  of  intricacy,  he  always  chuses  to  have  the  assist- 
ance of  some  gentleman,  who  from  study  and  a  knowledge  of  the 
law,  may  be  presumed  a  good  judge,  and  able  to  direct  him  in  cases 
of  difficulty  and  doubt.  He  has  recourse  to  the  advice  of  his  Council 
in  all  matters  of  publick  concernment  ;  it  is  therefore  liighly  probable 
he  took  the  advice  of  some,  or  of  one  in  the  Council  before  he  issued 
the  Proclamation.  It  is  well  known,  that  in  England  the  prime 
minister  directs  and  governs  all  his  Majesty's  othf^r  ministers  ;  in 
Charles  the  Il.d's.  time  the  whole  care  of  Government  was  com- 
mitted to  five  persons,  distinguished  by  the  name  of  the  Cabal :  the 
other  members  of  the  Privy  Council  were  seldom  called  to  any  de- 
liberations, or  if  called,  only  with  a  view  to  saz'e  appearances. 


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268         Charles  Carroll  of  Carrollton. 

aim,  you  affect  to  be  witty,  and  not  to  take  my  meaning. 
You  want  to  shelter  yourself  under  the  protection  of 
the  Governor,  and  to  draw  him,  and  all  the  Council, 
into  a  justification  of  measures  peculiarly  yours,  by  en- 
deavoring to  make  them  responsible  for  your  counsels. 
"  There  can  be  no  difficulty  in  finding  out  his  (the  King's 
ministers,)  the  Governor  and  Council  are  answerable  in 
this  character  ;  he  cannot  disavow  an  act  to  which  his 
signature  is  affixed."  Have  not  many  Kings  of  England 
revoked  and  cancelled  acts  to  which  their  signatures  were 
affixed  ?  Have  not  some  Kings  too,  at  the  solicitation 
of  their  Parliaments,  disgraced  ministers,  who  advised 
these  acts,  and  affixed  to  them  the  royal  signature  ? 

The  Governor  is  improperly  called  the  King's  minister, 
he  is  rather  his  representative,  or  deputy  ;  he  forms  a 
distinct  branch,  or  part  of  our  Legislature  ;  a  bill,  though 
passed  by  both  Houses  of  Assembly,  would  not  be  law, 
if  dissented  to  by  him  ;  he  has  therefore  the  power,  loco 
Regis,  of  assenting  and  dissenting  to  laws  ;  in  him  is 
lodged  the  most  amiable,  the  best  of  power,  the  power  of 
mercy ;  the  most  dreadful  also,  the  power  of  death.  A 
minister  has  no  such  transcendent  privileges, — To  help, 
to  instruct,  to  advise,  is  his  province,  and,  let  me  add, 
that  he  is  accountable  for  his  advice,  to  the  great  council 
of  the  people  ;  upon  this  principle  the  wisdom  of  our 
ancestors  grounded  the  maxim,  *'  The  King  can  do  no 
wrong."  They  supposed,  and  justly,  that  the  care  and 
administration  of  government  would  be  committed  to 
ministers,  whose  abilities,  or  other  qualities  had  recom- 
mended to  their  sovereign's  choice  ;  lest  the  friendship 
and  protection  of  their  master  should  encourage  them  to 
pursue  pernicious  measures,  and  lest  they  should  screen 
themselves  under  regal  authority,  the  blame  of  bad  coun- 
sels became  imputable  to  them  and  they  alone  were  made 


Appendix  A. 


269 


answerable  for  the  consequences  ;  if  liable  to  be  punished 
for  maladministration,  it  was  thought,  they  might  be 
more  circumspect,  diligent,  and  attentive  to  their  charge  ; 
it  would  be  indecent  and  irreverential  to  throw  the 
blame  of  every  grievance  on  the  King,  and  to  be  per- 
petually remonstrating  against  majesty  itself,  when  the 
minister  only  was  in  fault.  The  maxim  however  admits 
of  limitation . 

Est  modus  in  rt'/>its,  stint  ici  ti  thniiitic  Jini-s, 
Quos  itltra,  citraque,  ttequit  ionsisU-re  rtuhiin} 

Should  a  King,  deaf  to  the  repeated  remonstrances  of 
his  people,  forgetful  of  his  coronation  oath,  and  unwill- 
ing to  submit  to  the  legal  limitations  of  his  prerogative, 
endeavor  to  subvert  that  constitution  in  Church  and 
State,  which  he  swore  to  maintain,  resistance  would  then 
not  only  be  excusable,  but  praiseworthy,  and  deposition, 
imprisonment,  or  exile  might  be  the  only  means  left  of 
securing  civil  liberty  and  national  independence.  Thus 
James  the  Second,  by  endeavoring  to  introduce  arbitrary 
power,  and  to  subvert  the  established  Church,  justly  de- 
served to  be  deposed  and  banished.  The  Revolution 
which  followed,  or  rather  brought  on  James*  abdication 
of  the  crown,  "is  justly  ranked  among  the  most  glorious 
deeds,  that  have  done  honour  to  the  character  of  English- 
men." In  that  light,  the  First  Citizen  considers  it  ;  and 
he  believes  the  independent  Whigs  entertain  the  same 
opinion  of  that  event,  at  least,  nothing  appears  to  the 
contrary,  save  the  malevolent  insinuation  of  Antillon. 

It  is  high  time  to  return  to  the  Proclamation  ;  your 
digressions,  Antillon,  which  have  occasioned  mine,  shall 
not  make  me  lose  sight  of  the  main  object.  "  It  is  not  to 
be  expected  that  any  man  will  bear  reproaches  without 

'  Hor.,  S.,  i,  I,  106-107. 


il 


\\ 


\ 


270         Charles  Carroll  of  Carrol Iton, 


\P    HA 


I, 


reply,  or  that  he  who  wanders  from  the  question,  will  not 
be  followed  in  his  wanderings,  and  hunted  through  his 
labyrinths."  We  have  seen  the  Proclamation  was  aj)[)re- 
hended  some  time  before  its  publication,  and  guarded 
against  by  a  positive  declaration  of  the  Lower  House — 
"  The  people  of  this  province  will  ever  oppose  the  usurpa- 
tion of  such  a  right."  Nevertheless  our  minister,  regard- 
less of  this  intimation,  advised  the  Proclamation.  It 
came  out  soon  afterwards,  cloathed  with  the  specious 
pretence  of  preventing  extortion  in  officers.  I  shall  soon 
examine  the  solidity  of  this  softening  palliative.  In  a 
subsequent  session,  it  was  resolved  unanimously  by  the 
Lower  House,  "  to  be  illegal,  arbitrary,  unconstitutional 
and  oppressive."  It  was  resolved  also,  "  That  the  ad- 
visers '  of  the  said  Proclamation  are  enemies  to  the  peace, 
welfare  and  happiness  of  this  Province,  and  to  the  laws  and 
constitution  thereof."  I  shall  now  give  a  short  extract 
from  Petyt's  Jus  Parliamcntarium,  page  327,  and  leave 
the  reader  to  make  the  application. — "  In  a  list  of  griev- 
ances presented  by  the  Commons  to  James  the  First,  arc 
Proclamations,  of  which  complaining  bitterly,  among 
other  things  they  say,  nevertheless,  it  is  apparent,  that 
Proclamations  have  been  of  late  years  much  more  fre- 
quent than  heretofore,  and  that  they  are  extended,  not 
only  to  the  liberty,  but  also  to  the  goods,  inheritances, 

'  It  is  plain  from  the  above  resolve  of  the  Delegates,  that  they  con- 
sidered the  Governor,  not  as  my  lord's  minister,  but  as  his  deputy, 
or  lieutenant,  acting  by  the  advice  of  others,  nor  pursuing  his  own 
immediate  measure,  and  sentiments.  It  is  no  imputation  on  the 
Governor's  understanding  to  have  been  guided  by  a  counsellor,  from 
whose  experience,  and  knowledge,  he  might  have  expected  the  best 
advice,  when  he  did  not  suspect,  or  did  not  discover  the  interested 
motive,  from  which  it  proceeded  ;  the  minister  has  the  art  of  cover- 
ing his  real  views  with  fair  pretences. 

"  And  seems  a  saint,  when  most  he  plays  the  devil." 


Appendix  A. 


271 


and  livelihood  of  men  ;  some  of  them,  tending  to  alter 
some  points  of  the  law,  and  make  t/tcm  new  ;  others  some 
made  shortly  after  a  session  of  Parliament  for  matter 
directly  rejected  in  the  same  session,"  and  some  vouch- 
ing former  proclamations,  to  countenance  and  warrant 
the  latter.  The  Proclamation  is  modestly  called  by 
Antillon,  ^\i  restriction  of  the  officers,''  dX  another  time, 
''''preventive  of  extortion,''  though  in  fact,  it  ought  rather 
to  be  considered  as  a  direction  to  the  officers,  what  to 
demand,  and  to  the  people,  what  to  pay.  than  a  restriction 
of  the  officers.  I  appeal  to  the  common  sense  and  con- 
sciences of  my  countrymen  ;  do  ye  think,  that  the  avowed 
motives  of  the  Proclamation,  was  the  true  and  real  one  ? 
If  no  such  Proclamation  had  issued,  would  ye  have 
suffered  yourselves  to  be  oppressed,  and  plundered  by 
the  officers  ?  Would  ye  have  submitted  to  their  exorbit- 
ant demands,  when  instructed  by  a  vote  of  your  Repre- 
sentatives, "  That  in  all  cases  when  no  fees  are  established 
by  law,  for  services  done  by  officers,  the  power  of  ascer- 
taining the  quantum  of  the  reward  for  such  services  is 
constitutionally  in  a  jury  upon  the  action  of  the  party  "  ? 
To  set  this  matter  in  a  clear  point  of  view,  and  to  expose 
the  hollow  and  deceitful  show  of  a  pretended  clemency, 
and  tenderness  for  the  people,  it  may  not  be  improper 
to  introduce  a  short  dialogue  between  an  officer  and 
citizen. 

Officer :  How  wretched  and  distressed  would  have 
been  the  situation  of  this  Province,  if  the  well-timed  and 
merciful  Proclamation  had  not  issued, 

Cit. :  How  so  ? 

Officer  :  The  reason  is  obvious  :  had  it  not  issued,  we 
should  have  been  let  loose  on  our  countrymen  to  live  on 
free  quarter,  for  every  little  piece  of  service  we  should 
have  exacted  a  genteel  reward,  in  a  short  time  your  pock- 


A 


hi 


.1^ 


•lilt'.ii 


■1)  ■,     : 


272         Charles  Carroll  of  Carrollton. 

ets  would  have  been  pretty  well  drained,  and  to  mend 
the  matter,  we  might  have  pillaged  and  plundered,  with- 
out being  liable  to  be  sued  for  extortion  ;  for  we  could 
not  be  guilty  of  extortion  merely  in  taking  money  or  other 
valuable  thing  for  our  services,  unless  we  were  to  take 
more  than  is  due  ;  it  is  obvious  to  common  sense  that 
there  must  be  some  established  measure  or  there  can  be 
no  excess.  That  ascertained,  there  must  be  a  positive,  or 
there  can  be  no  comparative  ;  let  the  result  then  be  con- 
sidered, if  something  be  undeniably  due,  when  a  service 
is  performed,  and  no  certain  rule  or  measure  to  determine 
the  rate,  should  an  officer  take  as  much  as  he  can  exact,  he 
would  not  commit  extortion  according  to  the  legal  accep- 
tation of  the  term  extortion. 

Cit.  :  This  may  be  good  law  for  aught  I  know,  but  if 
I  could  not  sue  you  for  extortion,  I  should  still  have  a 
remedy. 

Officer :  What,  pray  ? 

Cit. :  I  would  only  pay  you  what  I  thought  reason- 
able. 

Officer:  But  suppose  I  should  not  think  the  sum  ten" 
dered  sufficient,  and  refuse  to  receive  it  ? 

Cit.  :  Why  then  you  might  either  go  without  any  re- 
ward for  your  service  or  you  might  sue  me,  to  recover, 
what  in  your  estimation  would  be  adequate  thereto,  and 
thus  leave  the  question  of  the  recompense  to  be  settled 
by  a  jury. 

Officer:  This  expedient  did  not  occur  to  me;  your 
condition,  I  own,  would  not  have  been  quite  so  deplora- 
ble as  I  imagined. 

The  plain  answer  of  this  citizen  will  be  understood  by 
many  who  will  not  comprehend  the  more  refined  reasoning 
of  the  officer  upon  extortion  ;  and  I  fancy  the  citizen's 
resolution  in  a  like  case  would  be  adopted  by  most  pe'^- 


' 


!  /!!, 


Appendix  A. 


2/3 


ten" 


your 
Iplora- 

|od  by 
boning 
tizen's 
peo- 


ple.    Antillon  has  admitted  that  "  If  the  rrochimation 
had  not  the  authority  to  fix  the  rates  according  to  which 
the  officers  mi}:;ht  receive  axwI  beyond  which  they  could  not 
liuvfully  receive,  it  was  not  preventive  of  extortion,  but 
whether  it  had   or  not  such  authority  depended  on  its 
legality,    determinable   in  the    ordinary  judicatories^      I 
should   be  glad  to  know  whether  its  legality  be  deter- 
minable by  the  judges,  or  by  a  jury  ;  if  determinable  by 
a  jury,  the  liberty  and  property  of  the  people  will  be  ex- 
posed  to  less  danger ;  were  we  sure  of  always    having 
ji  dges  as  honest  and  upright  as  the  present,  the  qiies- 
t.  -n,  though,  of  the  most  momentous  concern,  might  per- 
haps be  safely  left  to  their  decision  ;  but  our  judges  are 
removable  at  pleasure  ;  some  of   them  might  be  inter- 
ested in  the  cause,  and  if  suffered  to  establish  their  oivn 
fees  would  become  both  judges  and  party  ; — a  Governor, 
we  have  seen,  decreeing  as  Chancellor  fees  to  be  paid 
upon  the  authority  of  his  oivn  Proclamation,  would  fall 
under  that  predicament.     Let  us  admit,  by  way  of  argu- 
ment, that  the  decision  of  this  question  (the  legality  of 
the  Proclamation)  belongs  properly  to  the  judges  ;  sup- 
pose they  should  determine  the  Proclamation  to  be  legal ; 
what  consequence  would   follow  ?    The  most  fatal  and 
pernicious  that  could  possibly  happen  to  this  Province  : 
the  right  of  the  Lower  House  to  settle  fees,  with  the  con- 
currence of  the  other  branches  of  the  Legislature,  a  right 
which  has  been  claimed  and  exercised  for  many  years 
past,  to  the  great  benefit  of  the  people,  would  be  ren- 
dered useless  and   nugatory.      The   old   table   of   fees 
abounding   with   exorbitances   and   abuses,  would  ever 
remain  unalterable  ;  government  would  hold  it  up  per- 
petually, as  a  sacred  palladium,  not  to  be  touched,  and 
violated  by  profane  hands. 

Reasons  still  of  greater  force  might  be  urged  against 


^  ' 


t  • 


i-.f 


f\ 


'\'  I 


l^'i 


Vn: 


I 


2  74         Charles  Carroll  of  Carrollton, 

leaving  with  the  judges  the  decision  of  this  important 
question,  whether  the  Supreme  Magistrate  shall  have  the 
power  to  tax  a  free  people  without  the  consent  of  their 
representatives,  nay,  against  their  consent  and  exi)ress 
declaration  ;  I  shall  only  adduce  one  argument,  to  avoid 
prolixity.  The  Governor,  it  is  said,  with  the  advice  of 
his  Lordship's  Council  of  State,  issued  the  Proclamation  : 
three  of  our  provincial  judges  are  of  that  Council  ;  they 
therefore  advised  a  measure  as  proper  and  consequently 
as  legal,  the  legality  of  which,  if  called  in  question,  they 
were  afterwards  to  determine.  Is  not  this  in  some  degree, 
prejudging  the  question  ?  It  will  perhaps  be  denied  (for 
what  will  not  some  men  affect  to  deny  ?)  That  to  settle  the 
fees  of  officers  by  Proclamation,  is  not  to  tax  the  people  ; 
I  humbly  conceive  that  fees  settled  by  the  Governor's 
Proclamation,  should  it  be  determined  to  have  the  force 
of  law,  are  flowing  from  an  arbitrary  and  discretionary 
power  in  the  Sui)reme  Magistrate, — for  this  assertion,  I 
have  the  authority  of  my  Lord  Coke  express  in  point. 
That  great  lawyer  in  his  exposition  of  the  statute  dc  tal- 
lagio  non  concedendo  makes  this  comment  on  the  word 
tallagium  :  **  Tallagium  is  a  general  word,  and  doth  in- 
clude all  subsidies,  taxes,  tenths,  fifteenths,  impositions, 
and  other  burthens  or  charge  ////  or  set  upon  any  man  ; 
that  within  this  act  are  all  new  officers  erected  with  new 
fees  for  that  is  a  tallage  put  upon  the  subject,  which 
cannot  be  done  without  common  consent  by  Act  of  Par- 
liament." The  inspection  law  being  expired,  which 
established  the  rates  of  officers  fees,  adopted  by  the 
Governor's  Proclamation,  I  apprehend  the  people  (sup- 
posing the  Proclamation  had  not  issued)  would  not  be 
obliged  to  pay  fees  to  officers  according  to  those  rates  ; 
this  proposition,  I  take,  to  be  self-evident  ;  now  if  the 
Proclamation  can  revise  those  rates,  and  the  payment  of 


>■      * 


I  :    •  ( 


Appeftdix  A. 


275 


portant 
ave  the 
3f  their 
exi)ress 
o  avoid 
[vice  of 
nation  : 
il  ;  they 
iquently 
on,  they 
degree, 
lied  (for 
iCttle  the 
people  ; 
vernor's 
he  force 
etionary 
ertion,  I 
n  point, 
te  de  tal- 
he  word 
doth  in- 
ositions, 
ly  man  ; 
ith  new 
which 

of  Par- 
which 

by  the 

e  (sup- 
not  be 

e  rates  ; 
if  the 

ment  of 


fees  agreeable  thereto,  can  be  enforced  by  a  decree  of 
the  Chancellor,  or  by  judgment  of  the  provincial  court, 
it  will  most  clearly  follow,  that  the  fees  are  neii\  because 
enforced  under  an  authority  entirely  new,  and  distinct 
from  the  act,  by  which  those  rates  were  originally  fixed. 
Perhaps  my  Lord  Coke's  position  will  be  contradicted, 
and  it  will  be  asserted,  that  fees  payable  to  officers  are 
not  taxes  ;  but  on  what  principle  such  an  assertion  can 
be  founded,  I  am  at  a  loss  to  determine  ;  they  bear  all 
the  marks  and  characters  of  a  tax  ;  they  are  universal, 
unavoidable,  and  recoverable,  if  imposed  by  a  legal 
authority,  as  all  other  debts  ;  universal  and  unavoidable, 
"  for  applications  to  the  publick  offices  are  not  of  choice 
but  of  necessity,  redress  cannot  be  had  for  the  smallest 
or  most  atrocious  injuries  but  in  the  courts  of  justice, 
and  as  surely  as  that  necessity  does  exist,  and  a  binding 
force  in  the  Proclamation  be  admitted,  so  certainly  must 
the  fees  thereby  established,  be  paid  in  order  to  obtain 
redress."  There  is  not  a  single  person  in  the  commu- 
nity, who  at  one  time  or  another,  may  not  be  forced  into 
a  court  of  justice,  to  recover  a  debt,  to  protect  his  prop- 
erty from  rapacity,  or  to  wrest  it  out  of  hands  which  may 
have  seized  on  it  with  violence,  or  to  procure  a  repara- 
tion of  personal  insults. 

Why  was  the  inspection  la,/ made  temporary  ?  With 
a  view  no  doubt,  that  on  an  alteration  of  circumstances, 
the  delegates  of  the  people,  at  the  expiration  of  the  act, 
with  the  consent  of  the  Governor,  and  Upper  House, 
might  alter  and  amend  the  table  of  fees,  or  frame  a  new 
table.  That  the  circumstances  of  the  Province  are  much 
changed  since  the  enacting  of  that  law  in  1747,  the  Proc- 
lamation itself  evinces,  by  allowing  planters  to  pay  the 
fees  of  officers  in  money,  in  lieu  of  tobacco,  which  altern- 
ative has  considerably  lessened  the  fees,  and  is  a  proof. 


! 


\ 

I*' 

% 


\ 


'li 


ffO 


1-1 


Ml 

>  ( 


C< 


.1  ^ 


v^ 


I-  .if 


li 


s  ■ 


276         Charles  Carroll  of  Carrollton. 


\  • 


^1       P 


if  any  were  wanting,  that  they  have  been  much  too  great. 
It  was  insisted  on  by  the  Lower  House,  that  a  greater 
reduction  of  fees  was  still  necessary  ;  by  the  Upper,  that 
the  fees  were  already  sufficiently  diminished,  and  that 
they  would  not  suffer  any  further  reduction  of  fees,  than 
that,  which  must  necessarily  follow  from  the  election 
given  to  all  persons,  to  discharge  the  fees  in  tobacco,  or 
money  as  may  best  suit  them.  One  would  imagine  that 
a  compromise,  and  a  mutual  departure  from  some  j)oints 
respectively  contended  for,  would  have  been  the  most 
eligible  way  of  ending  the  dispute  ;  if  a  compromise  was 
not  to  be  effected,  the  matter  had  best  been  left  unde- 
cided :  time  and  necessity  would  have  softened  disscn- 
tion,  and  have  reconciled  jarring  o])inions,  and  clashing 
interests  ;  and  then  a  regulation  by  law,  of  officers  fees, 
would  have  followed  of  course.  What  was  done  ?  The 
authority  of  the  Supreme  Magistrate  interposed,  and  took 
the  decision  of  this  important  question,  from  the  other 
branches  of  the  Legislature  to  itself ;  in  a  land  of  freedom 
this  arbitrary  exertion  of  prerogative  will  not,  must  not, 
be  endured. 

From  what  has  been  said,  I  think  it  will  appear  that 
the  idea  of  a  tax  is  not  improperly  annexed  to  a  regula- 
tion of  fees  by  Proclamation,  "  but  if  the  idea  be  proper, 
then  fees  can  be  settled  in  no  case  except  by  the  Legis- 
lature, because  it  requires  such  authority  to  lay  a  tax  ; 
but  the  House  of  Lords,  the  House  of  Commons,  the 
court  of  law  and  equity  in  Westminster  Hall,  the 
Upper  and  Lower  Houses  of  Assembly  have  each  of 
them  settled  fees — "  they  have  so  :  the  House  of  Lords, 
and  the  House  of  Commons  have  that  right  derived  from 
long  usage,  and  from  the  law  of  Parliament,  which  is 
lex  tcrrcBy  or  part  at  least  of  the  law  of  the  land.  Our 
Upper  and  Lower  Houses  of  Assembly  claim  most  of  the 


1    Jk 


I 


Appendix  A, 


277 


privileges,  appertaining  to  the  two  Houses  of  Parliament, 
being  vested  with  powers  nearly  similar,  and  analogous  ' 
to  those  inherent  in  the  Lords  and  Commons.  *'  The 
courts  of  law  and  equity  in  Westminster  Hall,  have  like- 
wise settled   fees  "  ;    by   what  authority  ?   Antillon   has 

'  I  say  nearly  similar  ;  a  perfect  similitude  cannot  be  expected  ; 
our  Upper  House  falls  vastly  short  of  the  House  of  Lords  in  dignity, 
and  independence  ;  our  Lower  House  approaches  much  nearer  in  its 
constitution  to  the  House  of  Commons,  than  our  Upper  House  to  the 
House  of  Lords  ;  the  observation  of  a  sensible  writer  on  \\vt  Assembly 
of  Jamaica  may  be  ajjplied  to  ours — "  The  legislature  of  this  province 
wants  in  its  two  first  branches  (from  the  dependent  condition  of  the 
Governor  and  Council)  a  good  deal  of  that  freedom  which  is  necessary 
to  the  legislature  of  a  free  country,  and  on  this  account,  our  constitu- 
tion is  defective  in  point  of  legislature,  those  two  branches  not  pre- 
serving by  any  means,  so  near  a  resemblance  to  the  parts  of  the  Brit- 
ish legislature,  which  they  stand  for  here,  as  the  Assembly  does  ;  this 
is  a  defect  in  our  constitution,  which  cannot  from  the  nature  of  things 
be  entirely  remedied,  for  we  have  not  any  class  of  men  distinguished 
from  the  peo]ile  by  inherent  honours  ;  theAssembly,  or  Lower  House 
has  an  exact  resemblance  of  that  part  of  the  British  constitution, 
which  it  stands  for  here,  it  is  indeed  an  epitome  of  the  House  of  Com- 
mons ;  called  by  the  same  authority,  deriving  its  powers  from  the 
same  source,  instituted  for  the  same  ends,  and  governed  by  the  same 
forms  ;  it  will  be  diftk'ult,  I  think  to  find  a  reason,  why  it  should  not 
have  the  same  powers,  tlie  same  superiority  over  the  courts  of  justice 
and  the  same  rank  in  Mie  system  of  our  little  community,  as  the 
House  of  Commons  in  that  of  Great  Britain,  I  know  of  no  power 
exercised  by  the  House  of  Commons  for  redressing  grievances  or 
bringing  publick  offenders  to  justice,  which  the  Assembly  is  incapable 
of — 1  know  of  none,  which  it  has  not  exercised  at  times  except  that 
of  impeachment,  and  this  has  been  forborn,  not  from  any  incapacity 
in  that  body,  but  from  a  defect  in  the  power  of  the  Council  ;  an  im- 
peachment by  the  House  of  Commons  in  England,  must  be  heard  in 
the  House  of  Lords,  it  being  below  the  dignity  of  the  Commons  to 
appear  as  prosecutors,  at  the  bar  of  any  inferior  court."  The  powers 
therefore  of  the  House  of  Commons,  and  of  our  Lower  House  being 
so  nearly  similar,  their  respective  privileges  must  be  nearly  the  same. 
— See  the  privileges  of  the  Island  of  Jamaica  vindicated. 


a 

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278         Charles  Carroll  of  Carrolltoti. 


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;l       ii, 


not  been  full  and  express  on  this  point.  Have  the  judges 
settled  the  fees  of  officers  in  their  respective  courts  solely 
by  the  King's  authority,  or  was  that  authority  originally 
given  by  act  of  Parliament  to  his  Majesty,  and  by  him 
delegated  to  his  judges  ?  Admitting  even,  that  the  chan- 
cellor and  judges  of  Westminster  Hall  have  settled  fees, 
by  virtue  of  the  King's  commission,  without  the  sanction 
of  a  statute,  yet  the  precedent  by  no  means  applies  to  the 
present  case.  The  judges  in  England  have  not  settled  their 
own  fees  ;  if  the  Proclamation  should  have  the  force  of 
law,  the  Commissary-General,  the  Secretary,  the  judges 
of  the  land  office,  who  are  all  members  of  the  Council, 
and  who  advised  the  Proclamation,  that  is,  who  concurred 
with  the  minister's  advice,  may  with  propriety  be  said  to 
have  established  their  oivn  fees.  The  Governor  as  Chan- 
cellor decreeing  his  fees  to  be  paid  "  according  to  the 
very  settlement  of  the  Proclamation  "  would  undoubtedly, 
ascertain,  and  settle  his  own  fees  ;  would  he  not  then  be 
judge  in  his  own  cause  ?  Is  not  this  contrary  to  natural 
equity  ?  Where  a  statute  is  against  common  right  and 
reason,  the  common  law  shall  control  it  and  adjudge  it  to 
be  void ;  a  statute  so  contrary  to  natural  equity,  as  to 
maJ^e  a  man  judge  in  his  own  cause,  is  likewise  void,  for 
Jura  natures  sunt  immutabilia. 

The  quotation  from  Hawkins  given  by  Antillon,  mili- 
tates most  strongly  against  him  ;  the  chief  danger  of 
oppression,  says  the  serjeant,  is  from  officers  being  left 
at  liberty  to  set  their  own  rates  on  their  labour,  and  make 
their  own  demands.  Answer  this  question,  Antillon  !  If 
you  remain  silent,  you  admit  the  imputation  ;  if  you 
deny  it,  you  will  be  forced  to  disavow  the  advice  you 
gave.  The  Proclamation  is  sometimes  represented  by 
Antillon  as  a  very  harmless  sort  of  a  thing,  "  It  has  no 
force,  no  efficacy  but  what  it  receives  from  its  legality 


\ 


.'.'! 


> '     t 


Appendix  A. 


279 


determinable  in  the  ordinary  judicatories."  He  has  not 
indeed  told  us  expressly,  who  are  to  determine  its  legal- 
ity ;  if  the  judges  of  the  provincial  court  are  to  decide 
the  question,  and  they  should  determine  the  Proclama- 
tion to  be  legal,  in  that  case,  1  suppose,  an  appeal  would 
lie  from  their  judgment,  to  the  court  of  appeals.  Would 
not  an  appeal  to  such  a  court,  in  such  a  cause,  be  the 
most  farcical  and  ridiculous  mummery  ever  tliought  of? 
All  that  has  been  said  against  the  Proclamation,  applies 
with  equal,  or  greater  force  against  the  instrument  under 
the  great  seal  for  ascertaining  the  fees  of  the  land  office. 
Antillon  having  noticed  "  That  in  consequence  of  a  com- 
mission issued  by  the  Crown,  upon  the  address  of  the 
British  House  of  Commons,  the  Lord  Chancellor  by  the 
authority  of  his  station,  and  by  and  with  the  advice  and 
assistance  of  the  master  of  the  rolls,  ordered,  that  the 
officers  of  the  Court  of  Chancery  should  not  demand  '  or 

'  Antillon  infers  from  this  argument,  that  the  Governor  has  the 
same  power  in  this  Province.  In  England,  the  King  originally  paid 
all  his  own  ofilicers  ;  nothing  therefore  could  l)e  more  consistent  with 
the  spirit  of  the  constitution,  than  that  //(.'should  establish  the  wages, 
ivho^tLiA  them.  Il  is  not  so  in  this  country,  nor  is  it  at  present  the 
case  in  England  :  they  arc  now  paid  out  of  the  pockets  of  tlie  people  : 
sheriffs,  and  many  other  officers  have  therefore  their  fees  ascertained 
by  Act  of  Parliament,  and  in  those  cases,  where  the  fees  given  origi- 
nally by  the  crown,  are  now  established  by  custom,  the  Parliament 
claims,  and  has  exercised  a  power  of  controul  over  them,  as  will  ap- 
pear by  the  following  quotations.  "  The  Commons  ordered  in  lists 
of  all  the  fees  taken  in  the  publick  offices  belonging  to  the  law, 
which  amounted  annually  to  an  incredible  sum  most  of  it  to  officers 
for  doing  nothing  ;  but  the  enquiry  was  too  perplexed,  and  too  tedi- 
ous for  any  effectual  stop  being  put  to  the  evil  within  the  period  of 
one  session." — Tindal's  Continuation  of  Rapin's  History. 

Extract  of  a  report  of  a  Committee  of  the  llouze  of  Commons  ini- 
powered  to  inquire  into  the  state  of  the  officers  fees  belonging  to  the 
courts  in    Westminster-hall — April  HS^- 

"  Among  the  various  claims  of  those,  who  now  call  themselves  ofTi- 


\\-% 


!>. 


•<\V-  fi 


I       I] 


1    i 


'(■,  i 


(1    fi 


28o         Charles  Carroll  of  Carrollton. 

take  any  greater  fees  for  their  services,  in  their  respec- 
tive offices,  than  according  to  the  rates  established,"  I 
have  thought  proper  to  insert  in  the  note  referred  to, 
some  particulars  relating  to  a  similar  measure,  for  the 
information  of  my  readers,  and  to  shew,  that  a  regulation 


:  ) 


11)!': 


?  \  . 


h 


\  1  :\  I 


cers  of  the  court  of  chancery,  none  appeared  more  extraordinary  to 
the  committee,  than  the  fee  of  the  secretary,  and  clerk  of  the  briefs, 
who  upon  grants  to  enable  persons  to  beg,  and  collect  alms,  claim 
and  frequently  receive  a  fee  of  forty,  fifty,  or  sixty  pounds,  and  the 
register  taker  besides  twelve  or  thirteen  pounds  for  stamping  and 
telling  the  briefs,  which  fees,  with  other  great  charges  upon  the  col- 
lection, devour  three  parts  in  four  of  what  is  given  for  the  relief  of 
persons  reduced  to  extreme  poverty  by  fire,  or  other  accidents."  The 
committee  closing  their  report  with  "observing  how  little  able  or 
willing  many  officers  were  to  give  any  satisfactory  account  of  the  fees, 
they  claim,  and  receive,"  came  to  the  following  resolution. 

"  Resolved,  That  it  is  the  opinion  of  this  committee  that  the  long 
disuse  of  pullic  enquiries  into  the  behaviour  of  officers,  clerks,  and 
ministers  of  the  courts  of  justice  has  been  the  occasion  of  the  increase 
of  unnecessary  officers  and  given  encouragement  to  the  taking  illegal 
fees. 

Resolved,  That  it  is  the  opinion  of  this  committee  that  the  interest, 
which  a  great  number  of  officers  and  clerks  have  in  the  proceedings 
of  the  court  of  chancery  has  been  a  principal  cause  of  extending 
bills,  answers,  pleadings,  examinations  and  other  forms,  and  copies  of 
them  to  an  unneccessary  length  to  the  great  delay  of  justice  and  the 
oppression  of  the  subject. 

Resolved,  That  it  is  the  opinion  of  this  committee  that  a  table  of 
all  the  offices,  ministers,  and  clerks,  and  of  their  fees  in  the  court  of 
chancery  should  be  fixed,  and  established  by  authority,  which  table 
should  be  registered  in  a  book,  in  the  said  court,  to  be  at  all  times 
inspected  gratis,  and  a  copy  of  it  signed  and  attested  by  the  judges 
of  the  court,  should  be  returned  to  each  House  of  Parliament,  to 
remain  among  the  records." 

If  the  Commons  had  a  right  to  enquire  into  the  abuses  committed 
by  the  officers  of  the  courts  of  law,  they  had,  (no  doubt)  the  power 
of  correcting  those  abuses,  and  of  establishing  the  fees,  had  they 
thought  projjer,  to  he  paid  to  the  ofiiccrs  of  those  courts. 


Appendix  A. 


281 


of  officer's  fees  fell  under  the  consideration  of  the  House 
of  Commons,  and  that  the  same  encroaching  spirit  of 
office,  which  has  occasioned  such  altercations,  heart 
burnings,  and  confusion  in  this  Province,  has  prevailed 
also  in  the  parent  state.  The  settlement  of  fees  by  order 
of  the  Chancellor,  under  his  Majesty's  commission,  is- 
sued, pursuant  to  an  address  of  the  House  of  Commons, 
is  not,  I  will  own,  a  tax  similar  to  ship-money.  But  a 
regulation  of  fees  by  Proclamation,  contrary  to  the  ex- 
press declaration  of  our  House  of  Burgesses,  is  very 
similar  thereto.' 

Exclusive  of  the  above  reasons,  another  very  weighty 
argument,  arising  from  the  particular  form  of  our  pro- 
vincial Constitution,  may  be  brought  against  the  usurped 
power  of  settling  fees  by  Proclamation,  and  against  the 
decision  of  its  legality,  in  our  '''' ordinary  judicaiories." 
We  know,  that  the  four  principal  officers  in  this  province, 
most  benefited  by  the  Proclamation,  are  all  members  of 
the  Upper  House  ;  I  have  said  it,  and  I  repeat  it  again, 
a  tenderness,  a  regard  for  those  gentlemen,  a  desire  to 
prevent  a  diminution  of  their  fees,  have  hitherto  pre- 
vented a  regulation  of  our  staple  ;  in  a  matter  of  this 
importance,  which  so  nearly  concerns  the  general  welfare 
of  the  Province,  personal  considerations  and  private 
friendships,  shall  not  prevent  me  from  speaking  out  my 
sentiments  with  freedom  ;  neither  shall  antipathy  to  the 
man,  whom  in  my  conscience  I  believe  to  be  the  chief 
author  of  our  grievances,  tempt  me  to  misrepresent  his 
actions,  "  or  set  down  aught  in  malice  " — neither  a  desire 
to  please  men  in  power,  nor  hatred  of  those  who  abuse 
it,  shall  force  me  to  deviate  from  truth.     "But  the  pres- 

'  Because  il  is  a  tax  upon  the  iioo[)le  without  the  consent  of  tlieir 
Representatives  in  Assembly,  as  has  been,  I  hope,  demonstrated  to 
the  satisfaction  of  my  readers. 


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282         Charles  Carroll  of  Carrollton. 


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11  JIa,!' 


ent  Proclamation  is  not  the  invention  of  any  daring 
ministers  now  in  being."  Who  said  he  was  the  inventor  ? 
The  tninister  now  in  being  has  revived  it  only,  in  opposition 
to  the  unanimous  sense  of  the  people,  expressed  by  their 
representatives,  after  a  knowledge  too,  of  the  evils  and 
confusion,  which  it  heretofore  brought  on  the  province. 
Dismayed,  trembling,  and  aghast,  though  skulking  behind 
the  strong  rampart  of  Governor  and  Council,  this  An- 
tillon  has  intrenched  himself  chin  deep  in  precedents, 
fortified  with  transmarine  opinions,  drawn  round  about 
him,  and  hid  from  publick  view,  in  due  time  to  be  played 
off,  as  a  masked  battery,  on  the  inhabitants  of  Maryland. 
I  wish  these  opinions  of  **  Lawyers  in  the  opposition  "  would 
face  the  day.  1  wish  the  state  on  which  they  were  given 
was  communicated  to  the  publick  ;  "  the  opinion  respect- 
ing the  Proclamation  is  on  no  point  which  the  minister  for 
the  time  being  aims  to  establish  " — if  in  favour  of  the  Pro- 
clamation, I  deny  the  assertion  ;  the  Proclamation  is  a 
point  which  the  minister  of  Maryland  aims  to  establish, 
in  order  to  establish  his  own  power,  and  perquisites. 
Antillon  asks  "  If  they  (the  confederates')  have  any  other 
measures  besides  the  Governor's  Proclamation,  to  arraign 
as  an  attempt  to  set  the  Supreme  Magistrate  above  the 
law  ?  "  First  evince,  that  the  Proclamation  is  not  such 
an  attempt ;  till  then,  it  is  needless  to  point  out  others. 
Without  entering  into  foreign  matter,  I  have  already  given 
you  an  opportunity  "  of  shewing  me  stripped  of  disguise, 
What  I  am."  I  have  shewn  what  {stripped  of  disguise)  you 
are.  "  Homo  natus  in  pernicieni  hujus  rei  publicce,"  a 
man  born  to  perplex,  distress,  and  afflict  this  country. 

First  Citizen. 
February  27,  1773. 


LETTER   III. 

**  Our  Places  are  disposed  of  to  men,  that  are  the 
ornaments  of  their  own  dignity  ;  to  men  that  have  the 
welfare  of  the  kingdom  wholly  at  heart  and  who  accept 
of  offices  only  to  do  the  necessary  drudgery  of  the  state, 
and  neither  to  amass  estates  from  their  services,  nor 
aggrandize  any  branches  of  their  family  ;  hence  it  hap- 
pens that  England  can  never  be  infamous  for  a  Sejanus, 
who  rose  from  the  dunghill  to  grasp  all  power,  and  \/^hose 
working  wickedness  had  generally  a  double  plot,  upon 
his  prince  and  upon  the  people." — True  Bri^on^  No.  38. 

The  Prince  who  places  an  unlimited  confidence  in  a 
bad  minister,  runs  great  hazard  of  having  that  confidence 
abused,  his  government  made  odious  and  his  people 
wretched ;  of  the  many  instances,  which  might  be 
brought  to  confirm  the  observation,  none  more  instruct- 
ive, can  perhaps  be  selected,  from  the  annals  of  man- 
kind, than  the  story  of  Sejanus.  We  need  not,  however, 
have  recourse  to  the  history  of  other  nations  and  of  other 
ages,  to  prove,  that  the  unbounded  influence  of  a  wicked 
minister,  is  sure  to  lead  his  master  into  many  difficulties, 
and  to  involve  the  people  in  much  distress  ;  the  present 
situation  of  this  province  is  a  proof  of  both. 

It  is  not  my  intention  to  compare  Antillon  with  Seja- 
nus ;  yet  whoever  has  the  curiosity  to  read  the  character 
of  the  latter  drawn  by  the  masterly  pen  of  Tacitus,  and 

283 


'» ' 

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ii. 


Mf 


f/ 


284  Chai'les  Carroll  0/  Car  roll  ion. 


'1 


I', 


is  well  acquainted  with  the  former  will  discover  some 
striking  likiiesscs  between  the  two.  The  aiiiiiuis  sui 
obtc^cns,  in  alios  criininator. '  '1  'hejuxta  (xdulatio  ct  .\  upcrhia 
are  e(iiially  applicable  to  both. 

Does  it  yet  remain  a  secret  who  this  wicked  minister, 
this  Antillon  is?  Are  ye  my  countrymen  ''^  puzzled  to  find 
him  out''  ?  Surely  not  ;  his  practises  have  occasioned  too 
much  mischief,  to  suffer  him  to  lurk  concealed,  notwith- 
standing all  his  mean  and  dirty  arts,  to  gain  popularity, 
by  which  he  rose  to  his  present  greatness,  and  the  inde- 
fatigable industry  of  his  tools  in  echoing  his  praises,  and 
celebrating  the  rectitude  of  his  measures. 

In  vindication  of  his  conduct,  Antillon  has  not  en- 
deavoured to  convince  the  minds  of  his  readers  by  the 
force  of  reason,  but  '^  in  the  /avourite  method  of  illiberal 
calumny,  virulent  abuse  and  shameless  asseveration  to  affect 
their  passions"  has  attempted  to  render  his  antagonist 
ridiculous,  contemptible  and  odious  ;  he  has  descended 
to  the  lowest  jests  on  the  person  of  the  Citizen,  has  ex- 
pressed the  utmost  contempt  of  his  understanding,  and  a 
strong  suspicion  of  his  political  and  religious  principles. 
What  connection,  Antillon,  have  the  latter  with  the 
Proclamation  ?  Attempts  to  rouse  popular  prejudices, 
and  to  turn  the  laugh  against  an  adversary,  discover  the 
weakness  of  a  cause,  or  the  inabilities  of  the  advocate, 
who  employs  ridicule,  instead  of  argument.  "  7'he  Citi- 
zen's patriotism  is  entirely  feigned"  J  his  reasons  must  not 


'  'rac,  A.,  4,  I.  (AniniKs ciiiddx,  sui olitcgt'its,  in  alios  crimiiiator.) 
"  A  mind  dark  and  unsearchable,  prone  to  blacken  others,  alike 
fawning  and  imjicrious." 

If  the  Latin  word  adtilatio,  implies  that  Sejanus  was  fond  of  flat- 
tery and  inclined  to  flatter,  the  sentiment  is  still  more  apposite  to  our 
ivicked  minister,  wiio  is  known  to  swallow  greedily  the  fulsome  and 
nauseous  praises  of  his  admirers,  and  to  bear  a  great  deal  of  daubing. 


J. 


.Ippcndix  A. 


285 


be  considered,  or  listened  to,  because  his  rt'/iu^ioit.s  princi- 
ples are  not  to  be  trusted.  Vet  it  wc  are  to  credit  An- 
tillon,  the  Citizen  is  so  little  attached  to  these  |)rinciples, 
*'  That  he  is  most  devoutly  7i'ishin^  for  the  event,''  which  is 
to  free  him  from  their  shackles.  What  my  speculative 
notions  of  religion  may  be,  this  is  neither  the  place  nor 
time  to  declare;  my  political  principles  ought  only  to  be 
questioned  on  the  present  occasion  ;  surely  they  are  con- 
stitutional, and  have  met,  I  hope,  with  the  approbation 
of  my  countrymen  ;  if  so  Antillon's  aspersions  will  give 
me  no  uneasiness.  He  asks,  who  is  this  Citizen  ?  A 
man,  Antillon,  of  an  independent  fortune,  one  dee[)ly  in- 
terested in  the  prosperity  of  his  country  :  a  friend  to 
liberty,  a  settled  enemy  to  lawless  prerogative.  I  am 
accused  of  folly,  and  falsehood,  of  garbling  moral  and 
legal  maxims,  of  a  narrow,  sordid  and  personal  enmity  ; 
of  the  first  and  second  accusation,  I  leave  the  publick 
judge,  observing  only,  that  my  want  of  veracity  has  not 
been  proved  in  a  single  instance.  What  moral,  what 
legal  maxims  have  I  garbled  ?  Point  them  out,  Antillon  : 
You  assert  that  my  censures  of  your  conduct  flow  from  a 
narrow,  sordid  and  personal  enmity  ;  that  I  dislike  your 
vices  is  most  true  ;  that  my  enmity  is  rancorous  and  sor- 
did I  deny.  You  have  made  the  charge,  it  is  incumbent 
oil  you  to  prove  it  ;  should  you  fail  in  your  i)roofs,  admit 
you  must,  on  your  own  principles,  that  you  have  exhibited 
the  strongest  tokens  of  a  base  mind  :  but  what  is  evident 
to  all,  can  receive  no  additional  confirmation  from  your 
admission.  Take  this  as  an  answer,  the  only  one  I  shall 
give,  to  all  your  obloquy  and  abuse — That  vituperari  ab 
improbo  summa  est  laus.  The  bad  man's  censures  are  the 
highest  commendati(jns. 

If  it  be  irksome  to  be  engaged  against  a  writer  of  a 
"weak  head,"  and  corrupt  hearty  the  task  becomes  infi- 


!  I* : 


ii 


'If 


\ 


'( 


ii^i 


\\\ 


m 


m 


.'  i 


1'  W- 


286  Charles  Carroll  of  Carrollion. 


r  i 


•' 


:'  V 


i       ^1  ('!■ 


♦  ' 


.    * 


.    ,1        ^ 


nitely  more  disgusting,  when  we  have  to  encounter  not 
only  the  latter  vice,  but  likewise  the  wilful  misrepresenta- 
tions of  craft,  and  falsehoods  dictated  by  ''''shameless 
impudence^  It  will  be  shown  in  the  course  of  this  paper 
that  Antillon  is  guilty  of  both  charges. 

The  assessment  of  ship-money,  the  Citizen  has  said, 
was  a  more  open,  the  Proclamation  a  more  disguised, 
though  not  less  dangerous  attack  on  liberty;  it  has,  I 
hope,  been  proved  already,  that  fees  are  taxes,  and  that 
the  settlement  of  them  by  Proclamation  is  arbitrary  and 
illegal  :  Antillon  has  not  refuted  the  arguments  adduced 
to  prove  both  propositions  ;  other  reasons  in  support 
thereof  shall  be  brought  hereafter  ;  at  present  let  us  con- 
sider whether  the  Proclamation  be  not  a  disguised  and 
dangerous  attack  on  liberty.  If  we  attend  to  the  time, 
circumstances,  and  real  motive  of  issuing  the  Proclama- 
tion, they  will,  I  think,  evince  beyond  all  doubt,  the 
truth  of  the  assertion.  The  Proclamation  came  out  a 
few  days  after  the  prorogation  of  the  Assembly,  under 
the  colour  of  preventing  extortion,  but  in  reality  to 
ascertain  what  fees  should  be  taken  from  the  people  by 
the  officers,  and  after  a  disagreement  between  the  two 
Houses  about  a  regulation  of  fees  by  law.  It  would 
have  been  too  insolent  to  inform  the  people  in  plain 
terms  ;  your  representa  ives  would  not  come  into  our 
proposals,  the  Governor  wn?  therefore  advised  to  issue 
the  Proclamation  for  th'j  ?jttlement  of  fees,  adopting  the 
very  rates  of  the  late  regulation  objected  to  by  your 
delegates,  as  unjust  and  oppressive  in  several  instances  ; 
their  obstinate  and  unreasonable  refusal  to  comply  with 
our  moderate  demands,  constrained  us  to  recur  to  that 
expedient.  It  would,  I  say,  have  been  too  daring,  to 
have  talked  openly  in  this  manner,  and  too  silly,  to  have 
avowed,  that,  to  cover  the  dangerous  tendency  of  the 


\ 


Appendix  A. 


287 


rrotiamation,  it  was  cU  ikrd  with  the  specious,  and  pre- 
tended necessity  of  protectiiij,'  the  people  from  the  rapa- 
city of  offii.'jrs.  'I'his  affct;tfd  tenderness  for  the  people, 
considering  the  character  of  the  minister,  who  made  a 
parade  of  it,  and  has  since  assigned  it  as  the  best  excuse 
of  an  unconstitutional  measure,  was  sufTuient  to  awaken 
suspicion  and  fears.  Our  constitution  is  founded  on 
jealousy,  and  suspicion  ;  its  true  spirit,  and  full  vigor 
cannot  be  preserved  without  the  most  watchful  care,  and 
strictest  vigilance  of  the  representatives  over  the  con- 
duct of  administration.  This  doctrine  is  not  mine,  it 
has  been  advanced  and  demonstrated  by  the  best  con- 
stitutional writers  ;  the  present  measures  call  for  our 
closest  attention  to  it  ;  the  latest  designs  of  our  crafty 
minister  will  be  best  detected  by  comparing  them  with 
the  open  and  avowed  declarations  of  government  in 
1739  on  a  contest  exactly  similar  to  the  present.  The 
pursuits  of  government  in  the  enlargement  of  its  powers, 
and  its  encroachments  on  liberty  are  steady,  patient, 
uniform,  and  gradual  ;  if  checked  by  a  well-concerted 
opposition  at  one  time,  and  laid  aside,  they  will  be 
again  renewed  by  some  succeeding  minister,  at  a  more 
favorable  juncture. 

Extract  from  the  rules  and  proceedings  of  the  As- 
sembly, 1739  : 

"The  conferrees  of  the  Upper  House  are  commanded 
to  acquaint  the  conferrees  of  the  Lower  House,  that  they 
conceive  the  Proprietary's  authority  to  settle  fees,  where 
there  is  no  positive  law  for  that  purpose,  to  be  indispu- 
table, and  that  they  apprehend  the  exercise  of  such  an 
authority  to  be  agreeable  to  the  several  instructions  from 
the  throne  to  the  respective  governments,  and  therefore 
that  the  Upper  House  cannot  but  think  a  perpetual  law 
in  this  case,  reasonable  and  necessary,  &c." 


1^ 


I!  < 


■ill) 


.■|i| 


i 


ii»i' 
?  I 


If 


i  I 


ill-' 


;j' 


i 


\' 


ittfit^r^' 


I      ^ 


288  Charles  Carroll  of  Car rollton. 

Compare,  my  countrymen,  the  Proclamation  issued  in 
1739  with  the  present  ;  compare  the  language  of  the 
conferrees  of  the  Upper  House  in  1739,  with  Antillon's 
arguments  and  vindication  of  his  favourite  scheme  ;  in 
substance  they  are  the  same.  Antillon's  account  of  ship 
money,  I  have  admitted  in  the  main  to  be  true,  though 
not  entirely  impartial  ;  this  sentence  conveys  no  insinua- 
tion, but  what  is  plain,  and  easily  justified.  A  writer 
may  give  a  relation  of  facts  generally  true,  yet  by  sup- 
pressing some  circumstances,  may  either  exaggerate,  or 
diminish  the  guilt  of  them,  and  by  so  doing,  greatly  alter 
their  character  and  complexion.  The  justice  of  the 
remark  will  hardly  be  denied,  and  the  application  of  it 
to  the  present  case  will  evince  its  utility.  Antillon  has 
vented  part  of  his  spleen  on  Mr.  Hume ;  the  censured 
])assage  is  taken  from  that  author,  acknowledged  by  a 
sensible  writer '  and  thorough  Whig,  to  be  an  instructing 
and  entertaining  historian.  To  exculpate  the  notorious 
apologist,  and  myself,  it  is  necessary  to  observe  that  the 
words  "  levied  with  justice  and  equality  "  (not  equity,  as 
cited  by  Antillon)  mean,  the  tax  was  equally  divided 
among,  or  assessed  upon  the  subject  without  favor  and 
affection  to  particular  persons  ;  that  the  imposition, 
though  applied  to  a  good  and  public  use,  was  contrary 
to  law,  the  historian  has  acknowledged  in  the  most  forci- 
ble and  express  words. 

Has  the  Citizen  anywhere  insinuated,  that  the  assess- 
ment of  ship  money  was  legal  ?  Has  he  not  expressly 
declared,  that  he  does  not  mean  to  excuse  that  assess- 
ment ?  That  the  conduct  of  Charles  will  admit  of  no 
good  apology  ?  Yet  that  there  were  some  appearances  in 
his  favor,  the  passages  already  quoted,  candid  men,  I 

'  Dait.es  Barrington.  "Observations  on  the  Statutes,  chiefly  the 
more  ancient." 


,1 


•I 


r 


Appendix  A. 


289 


think,  will  admit,  if  not  as  a  proof  to  convince,  at  least 
as  an  inducement  to  incline  them  to  that  opinion  ;  mine, 
1  confess,  it  is,  and  I  make  the  acknov/ledgment,  without 
fear  of  incurring  the  odious  imputation  of  abetting  arbi- 
trary measures,  or  of  being  a  friend  to  the  Stuarts. 

What  means  the  insinuation,  Antillon,  conveyed  in  this 
sentence,  *'  The  appellation  tyrant  has  I  suspect  rubbed  the 
sore.''  Your  endeavours  to  defame,  excite  only  pity  and 
contempt ;  your  heaviest  accusations,  thank  God,  have 
no  better  foundation  than  your  own  suspicions.  But  to 
return — I  again  assert,  that  notwithstanding  all  the  acts 
ascertaining  the  subject's  rights,  cited  in  your  last  admir- 
able, and  polite  performance,  that  the  boundaries  be- 
tween liberty  and  prerogative  were  far  from  being 
ascertained  in  Charles's  reign  with  that  precision,  and 
accuracy,  which  the  subsequent  resolutions,  and  the  im- 
provements our  constitution  in  later  times  have  intro- 
duced.' I  must  trouble  my  readers  with  a  few  more 
quotations  from  the  obnoxious  historian  above  men- 
tioned, submitting  the  justice  of  his  observations,  and  the 
inference  drawn  from  them  to  their  decision,  and  better 
judgment : 

"  Those  lofty  ideas  of  monarchical  power  which  ivere 
very  erroneously  >Jff>ted  during  that  age  and  to  which  the 
ambiguous  nature  of  the  Englhh  constitution  gave  so  plausi- 
ble an  j^pearance,  were  firmly  riveted  in  Charles." 
Again,  spi  ai'mg  of  illegal  imprisonni'^'nt.  "  But  the  Kings 
of  England  "  (says  he)  "  who  had  noi  ucen  able  to  pre- 
vent the  enacting  these  laws  "  (in  favor  of  personal  lib- 

'  "  The  latter  years,"  says  Blackstone,  "of  Henry  VIII.  were  the 
times  of  the  greatest  (lesi)otiini,  that  have  I,-,  eii  known  in  this  island, 
since  the  death  of  William  the  Nornaii  :  th/"  prerogative  as  it  then 
stood  by  common  law  (a.id  :.ji;r,h  more  '.vhen  extended  by  Act  of 
Parliament)  b^ing  too  '.irge  \<:  be  endii ved  in  a  land  of  liberty." 

VOL.  I — 19 


!( 


m 


1 


|i 


\^ 


\M 


h.s 


290  Charles  Carroll  of  Carrolllon. 


^''iw^hw 


ij 


1 


1  if 


.l!«  '  I 


II  h 


.  IN  I 


f,l 


I  -.     (-. 


I  i 


erty)  **had  sufficient  authority,  when  the  tide  of  liberty 
was  spent,  to  hinder  their  regular  execution,  and  they 
deemed  it  superfluous  to  attempt  the  formal  repeal  of 
statutes,  which  they  found  so  many  expedients,  and  pre- 
tences to  elude." 

"  The  imposition  of  shipmoney  "  (the  same  historian 
remarks),  "  is  apparently  one  of  the  most  dangerous  in- 
vasions of  national  privileges,  not  only  which  Charles 
was  ever  guilty  of,  but  which  the  most  arbitrary  princes 
in  England,  since  any  liberty  had  been  ascertained  to 
the  people,  had  ever  ventured  upon."  Fie  subjoins  in  .v 
note,  "It  must,  however,  be  allowed  that  Queen  a'..'  :d ■ 
beth  ordered  the  seaports  to  fit  out  ships,  at  their  c*vn 
expence,  during  the  time  of  the  Spanish  invasior." 
Elizabeth  treated  her  Parliaments  with  haughtiness,  and 
assumed  a  tone  of  authority  in  addressing  those  Assem- 
blies, which  even  the  tyrant  Charles  did  not  exceed  : — 
her  father  governed  with  despotic  sway.  To  these 
opinions,  and  unsettled  notions  of  the  Kingly  power,  and 
to  the  prejudices  of  that  age,  candour,  perhaps,  will 
partly  ascribe  the  determination  of  the  judges  in  favour 
of  shipmoney,  and  not  solely  to  corruption. 

The  Citizen  has  said,  *'  thai  the  Revolution  rather 
brought  about,  than  followed  King  James's  abdication  of 
the  croivnr  The  assertion  is  warranted  by  the  fact. 
James's  endeavours  to  subvert  the  Establishment  of 
Church  and  State,  and  to  introduce  arbitrary  power, 
occasioned  the  general  insurrection  of  the  nation  in  vin- 
dication of  its  liberties,  and  the  invasion  of  the  Prince  of 
Orange,  soon  afterwards  crowned  King  of  England. 
James,  dispirited  by  the  just,  and  general  desertion  of  his 
subjects,  and  fearing,  or  pretending  to  fear  violence  from 
his  son-in-law,  withdrew  from  the  kingdom  ;  his  with- 
drawing  was  what   properly  constituted  his   abdication 


f 


Appendix  A. 


291 


from  the  Crown  :  his  tyrannical  proceedings  were  the 
cause  indeed  of  that  abdication,  and  voted  together  with 
his  wit/idrazving,  an  abdication  of  the  government  ;  till 
that  event  the  Revolution  was  incomplete.  Will  any 
man,  except  Antillon,  or  one  equally  prejudiced,  infer 
from  the  last  mentioned  quotation,  that  the  Citizen  in- 
tended to  cast  any  reflection  on  the  Revolution,  to  re|)re- 
sent  it  as  an  unjust  act  of  violence,  or  that  he  does  not 
approve  the  political  i)rinciples  of  those  by  whom  it  was 
principally  accomplished  ? — I  shall  now  consider  An- 
lillon's  main  argument  in  support  of  the  Proclamation, 
first  reducing  it  into  a  syllogism.  *'  Taxes  cannot  be  laid 
but  by  the  legislative  authority  ;  but  fees  have  been  laid 
by  the  separate  branches  thereof  ;  therefore  fees  are  not 
taxes."  I  deny  the  major,  Mr.  Antillon,  in  the  latitude 
laid  down  by  you,  but  admit  it  with  this  restriction,  sav- 
ing in  such  cases  as  are  warranted  by  long,  immemorial, 
and  uninterrupted  usage.  The  very  instances  adduced 
in  your  paper  are  an  exception  to  the  general  rule.  The 
two  Houses  of  Parliament  have  separately  settled  fees,  as 
I  said  before,  by  the  usage,  custom  and  law  of  Parlia- 
ment, which  is  part  of  the  law  of  the  land. 

"  The  judges  in  Westminster  Hall  settled  fees,'  you  say, 
without  defining  what  you  mean  by  a  settlement  of  fees 
in  this  instance  ;  your  inference,  "  therefore  a  similar 
power  is  vested  in  the  governor  0/  this  province,"  I  deny. 
The  inference  will  not  be  granted,  unless  you  prove,  that 
the  king  by  his  sole  authority,  contrary  to  the  express  de- 
claration of  the  Commons,  has  settled  the  fees  of  officers 
belonging  to  the  courts  of  law,  and  equity  in  Westminster 
Hall,  that  i"  hath  laid  new  fees  on  the  subject,  at  a  time 
when  they  were  no  longer  paid  out  of  the  royal  revenue, 
but  taken  out  of  the  pockets  of  the  people.  The  fees  of 
officers  have  been  established  for  many  years  past  in  this 


II 


4 

m 


li 


I 


! 


,,  ■ 


2' 


'i 


^Ti- 


VI: 


! 


f    i 


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t  ■  I 


I  i 


v 


292  Charles  Carroll  of  Carrollton. 

province  by  the  Legistature,  and  the  act  establishing  them 
was  made  temporary,  that  on  a  change  of  circumstances 
an  alteration  of  the  fees,  if  expedient  should  take  place  ; 
that  this  was  the  sole  motive  of  making  the  inspection 
law  temporary,  the  Citizen  has  not  asserted,  nor  has 
Antillon  denied  it  to  be  one  of  the  motives.  An  in- 
spection of  the  votes  and  proceedings  of  Assembly  in 
1739  will  evince  that  the  principal  reason  of  giving  a 
temp'^-iry  existence  to  that  act  was  to  alter,  and  correct 
the  taL  ■•  '■'f  fees  on  the  expiration  of  it. 

"  Maj  v;  ,  i739,  The  conferrees  of  the  Upper  House 
acquaint  tiit  -onferrees  of  the  Lower  House,  that  the 
Upper  House  could  agree  to  no  law  to  establish  officers 
fees,  but  what  should  he  perpetual,  and  were  ordered  not 
to  proceed  to  consider  of  any  fees,  till  the  sense  of  the 
Lower  House  on  that  point  should  be  made  known. 

**  2nd  June,  1739,  This  House  (the  lower)  having  taken 
into  consideration  the  report  of  their  members  appointed 
conferrees  concerning  the  officers  f  je  bill,  and  the  pro- 
posal made  by  the  conferrees  of  the  Upper  House,  of 
making  that  bill  a  perpetual  act,  do  ufianimously  agree,  that 
it  would  be  of  the  most  dangerous  and  destructive  consequence 
to  the  people  of  this  province  to  make  such  act  perpetual. ^^ 

Judge  now,  reader,  what  was  the  principal  intention 
of  the  delegates  in  making  the  inspection  law  temporary  ; 
but  if  fees  may  be  lawfully  settled  by  proclamation, 
"  when  there  happens  to  be  no  prior  provision,  or  establish- 
ment of  them  bylaw"  then  may  the  fees  originally  settled 
by  a  temporary  act,  be  upheld  by  prerogative,  and  made 
perpetual,  and  the  province  be  left  exposed  to  the  same 
dangerous,  and  destructive  consequences,  which  were 
apprehended  from  a  perpetuity  of  the  law. 

Antillon  asserts,  **  That  the  Citizen  has  been  constrained 
to  admit  that  the  judges  in  England  have  settled  fees." 


'  I 


Appe7idix  A. 


293 


This  assertion  I  must  take  the  liberty  of  contradicting  ; 
if  the  reader  will  be  at  the  trouble  of  turning  to  the  Citi- 
zen's last  paper,  he  will  there  see,  that  the  Citizen  after 
quoting  Antillon's  words,  The  courts  of  law  and  equity  in 
Westminster-hall  have  likewise  settled  fees,'''  asks  by  what 
authority  ?  "  Antillon,"  says  he,  "  has  not  been  full  and 
express  on  this  point."  "  Admitting  even  "  (continues 
the  Citizen)  "that  the  chancellor  and  judges  have  settled 
fees,  by  virtue  of  the  King's  commission,  at  the  request 
of  the  House  of  Commons,  without  the  sanction  of  a 
statute,  yet  the  precedent  by  no  means  applies  to  the 
present  case."  Is  this  being  constrained  to  admit  that 
the  judges  in  England  have  settled  fees  ?  Once  for  all, 
Antillon,  I  must  inform  you,  that  I  shall  never  admit 
your  assertions,  barely  on  the  strength  of  your  ipse  dixits 
unsupported  by  other  proof  ;  I  perceive  your  drift  but  I 
know  my  man,  and  will  not  suffer  myself  to  be  entangled 
in  his  snares. 

Vane  ligiis,  frustraque  atii/nis  elate  superhis, 
Neqidqnain  patrias  tempiasti  lubricus  artis.^ 

Proud  Antillon, 

"  On  others  practise  thy  deceiving  arts  ; 
Thin  stratagems,  and  tricks  of  little  hearts 
Are  lost  on  me. — " 


!( 


P 

f 

1 

% , 

%) 

: 

1 

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1 


\\ 


rained 
fees." 


^^  2'he  Judges  in  Westminster-hall  have  settled  fees.''  A 
full  enquiry  into  this  matter,  I  am  inclined  to  believe, 
would  expose  Antillon's  disingenuity,  and  show  how  in- 
conclusive his  inference  is.  **  Therefore  the  Governor 
may  settle  fees ^'  that  is,  impose  fees  on  the  inhabitants  of 
this  province.  It  has  been  already  observed,  that  the 
King  originally  paid  all  his  officers,  and  that  nothing  can 
be  more  consistent  with  the  spirit  of  our  constitution, 

'Virg.,   "/En.,"xi.,  yis-yif"- 


hi 


J  i  w^ 


294  Cha7'les  Carroll  of  Carrolltoii. 


^i 


I- 


'/  ; 


'  ) 


M'-' 


i  \.- 


V    ! 


than  that  he,  who  pays  salaries,  should  fix  them.  "  Fees 
are  certain  perquisites  allowed  to  officers,  who  have  to  do 
with  the  administration  of  justice,  as  a  recompense  for 
their  labor,  and  trouble,  and  these  are  either  ascertained 
by  Acts  of  Parliament  or  established  by  ancient  usage, 
which  gives  them  an  equal  sanctionwith  an  Act  of  Parlia- 
ment,^ Coke  on  his  comment  on  Littleton,  sect.  701, 
observes,  that  it  is  provided  by  the  statute  of  Westminster, 
ist,  that  no  sheriff  or  any  other  minister  of  the  King, 
shall  take  any  reward  for  doing  his  office,  but  that  which 
the  King  alloweth.  That  the  subsequent  statutes  having 
perni.cted  fees  to  be  taken  in  some  instances,  under  color 
thereof,  abuses  had  been  committed  by  officers  ;  but  that 
the;'  canr  t  take  fees,  but  such  as  are  given  by  Act  of 
Parliament,  "  But  yet  such  reasonable  fees  as  have  been 
allowed  by  the  courts  of  justice  of  ancient  time  to  inferior 
ministers,  and  attendants  of  courts  for  their  labour  and 
attendance,  if  they  be  asked  and  taken  of  the  subject  is  no 
extortion."  It  does  not  appear  to  me,  that  the  judges 
have  iever  imposed  neivfees  by  their  sole  authority.  Hawk- 
ins says,  '*  the  chief  danger  of  oppression  is  from 
officers "  being  left  at  liberty  to  set  their  oivn  rates,  and 
make  their  own  demands,"  therefore  the  law  has  auchor- 
ized  the  judges  to  settle  them." 

What  law,  common,  or  statute,  has  either  empowered 
the  judges  to  impose  new  fees?  Antillon  asks,  how  are 
these  settlements,  and  the  admission  of  their  legality  (take 

'  Bacon's  Abridg.,  2d.  vol. 

*  Antillon  has  acknowledged  that  two  counsellors  were  interested 
in  the  settlement  of  fees  ;  he  is,  perhaps  one  of  them  :  he  has  also 
acknowledged,  that  he  advised  the  Proclamation  as  expedient  and 
legal  :  he  has  held  up  the  Proclamation  as  the  standard,  by  which 
the  courts  of  justice  are  to  be  guided  in  awarding  costs  :  if  all  this  be 
true,  has  he  not  endeavoured  to  set  his  own  rates,  and  make  his  own 
demands  ? 


\.  \  ■ 


Appendix  A. 


295 


notice,  reader,  I  have  not  admitted  their  legality)  to  be 
reconciled  with  the  position,  that  fees  are  taxes  1  Before 
you  can  reasonably  expect  an  answer  to  this  question, 
it  is  incumbent  on  you,  Antillon,  first  to  fix  a  certain, 
and  determined  meaning  to  a  settlement  of  fees  by  the 
judges,  and  to  explain  in  what  manner,  upon  what  occa- 
sions, and  at  what  time,  or  times,  the  judges  have  settled 
fees,  then  shall  we  have  some  fixed  and  certain  nclion  of 
those  settlements.  After  you  have  taken  all  this  trouble, 
the  information  may  be  pleasing  (man  is  naturally  curi- 
ous, and  fond  of  having  mysteries  unfolded)  but  the 
inference,  "  Therefore,  the  governor  tnay  legally  impose  fees 
by  his  sole  authority,''  will  be  rejected  for  this  plain  and 
obvious  reason.  Fees  in  this  province  have  been  gener- 
ally settled  by  the  legislature;  so  far  back  as  1638,  v,e 
find  a  law  for  the  limitation  of  officers  fees  ;  in  1692,  the 
governor's  authority  to  settle  fees  was  expressly  denied 
by  the  Lower  House  ;  it  was  voted  unanimously  by  that 
House,  '*  That  it  is  the  undoubted  right  of  the  freemen 
of  this  province  not  to  have  ANY  FEES  imposed  upon  them 
but  by  the  consent  of  the  freemen  in  a  General  Assembly ^ 
The  Speaker  of  that  House  attended  by  several  members 
went  up  to  the  Council  Chamber,  and  informed  the  gov- 
ernor and  members  thereof,  "  That  no  officers  fees  ought 
to  be  imposed  upon  them,  but  by  the  consent  of  the 
representatives  in  Assembly,  and  that  this  liberty  was 
established  and  ascertained  by  several  acts  of  Parliament, 
the  authority  of  which  is  so  great,  as  to  receive  no  answer, 
but  by  repeal  of  the  said  statutes,  and  produced  the  same 
with  several  other  authorities  ;  to  which  the  governor's 
answer  was,  that  his  instructions  from  his  Majesty  were 
to  lessen  and  moderate  the  exhorbitancy  of  them,  and  not 
to  settle  them  ;  to  which  Mr.  Speaker  replied  that  they 
were  thankful  to  his   Majesty  for  the  same,  but  withal 


Ir 


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296  Charles  Carroll  of  Carrollton, 

desired  that  no  fees  might  be  lessened  or  advanced  but  by 
the  consent  of  the  Assembly,  to  which  the  Governor 
agreed."  An  act  was  passed  that  very  session  for  regu- 
lating officers  fees. 

Here  was  a  formal  relinquishment  of  the  claim  to  set- 
tle fees  by  prerogative  ;  from  that  day  to  this  the  claim 
has  been  constantly  opposed  by  the  representatives  of 
the  people,  and  in  consequence  of  that  opposition  laws 
have  been  made  from  time  to  time  for  the  limitation  of 
officers  fees  ;  these  laws  ought  to  be  considered  as  so 
many  strong  and  express  denials  of  the  Proprietary's 
authority  to  settle  fees,  and  as  so  many  acknowledg- 
ments on  the  part  of  government  of  its  illegality.  Prece- 
dents, I  know,  have  been  brought  to  show  that  the  power 
hath  been  exercised;  so  have  many  other  unconstitu- 
tional powers  ;  the  exercise  doth  not  prove  the  right ;  it 
proves  nothing  more  than  a  deviation  from  the  principles 
of  the  Constitution  in  those  instances  in  which  the  power 
hath  been  illegally  exercised.  Precedents  drawn  from 
the  mere  exercise  of  a  disputed  authority,  so  far  from 
justifying  the  repeated  exercise  of  that  authority,  suggest 
the  strongest  motive  for  resisting  a  similar  attempt,  since 
the  former  temporary  and  constrained  acquiescence  of 
the  people  under  the  exertion  of  a  contested  prerogative 
is  now  urged  as  a  proof  of  its  legality.  As  precedents 
have  been  mentioned,  their  proper  use,  and  misapplica- 
tion, cannot  be  better  displayed  than  by  a  quotation 
from  the  author  of  the  **  Considerations."  After  perus- 
ing the  passage  with  attention,  the  reader,  I  think,  will 
be  disposed  to  treat  Antillon's  argument  drawn  from  the 
precedent  of  New  York,  with  great  contempt,  perhaps 
with  some  indignation  should  he  have  reason  to  believe 
that  the  "  Considerations  "  were  wrote  by  this  very  An- 
tillon  :  "  When  instances  are  urged  as  an  authoritative 


Appendix  A, 


297 


reason  for  adoptinf^  a  new  "  (or  an  illegal  measure,  the 
reason  is  applicable  to  either)  "  they  are  proved  to  be  more 
important  from  this  use  of  them  "  (the  countenance  and 
support  they  are  made  to  give  to  arbitrary  proceedings) 
"  and  ought  therefore  to  be  reviewed  with  accuracy  and 
canvassed  with  strictness  ;  what  is  proposed  ought  to  be 
incorporated  with  what  hath  been  done,  and  the  result 
of  both  stated  and  considered  as  a  substantive,  original 
question,  and  if  the  measure  proposed  is  incompatible 
with  the  constitutional  rights  of  the  subject,  it  is  so  far 
from  being  a  rational  argument  that  consistency  requires 
an  adoption  of  the  proposed  measure,  that,  on  the  con- 
trary, it  suggests  the  strongest  motive  for  abolishing  the 
precedent  ;  when  therefore  an  instance  of  deviation  from 
the  Constitution  is  pressed  as  a  reason  for  the  estab- 
lishment of  a  measure  striking  at  the  root  of  all  liberty  : 
though  the  argument  is  inconclusive,  it  ought  to  be  use- 
ful. Wherefore  if  a  sufficient  answer  were  not  given  to 
the  argument  drawn  from  precedents,  by  shewing  that 
none  of  the  instances  adduced  are  practicable,  I  should 
have  very  little  difficulty  in  denying  the  justice  of  the 
principle  on  which  it  is  founded  ;  what  hath  been  done  if 
wrongful  confers  no  right  to  repeat  it ;  to  justify  oppres- 
sion and  outrage  by  instances  of  their  commission, 
is  a  kind  of  argument  which  never  can  produce  convic- 
tion, though  it  may  their  acquiescence  whom  the  terror 
of  greater  evils  may  restrain  from  resisting  '  ;  and  thus 
the  despotism  of  the  East  may  be  supported,  and  the 
natural  rights  of  mankind  trampled  under  foot.  The 
question  of  right  therefore  doth  not  depend  upon  prece- 
dents, but  on  the  principles  of  the  Constitution,  and  hath 
been  put  upon  its  proper  point  already  discussed,"  whether 

'  The  last  two  words  are  omitted  as  the  passage  is  quoted  in  the 
Maryland  Gazette. 


Is 


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ill 


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298  Charles  Carroll  of  Carrollton. 


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the  prerogative  may  lawfully  settle  fees  in  this  province. 
Antillon  has  laid  great  stress  on  the  authority  of  the 
ICnglish  judges  to  settle  fees,  and  from  that  authority  has 
inferred  a  similar  power  in  the  governor  of  this  province  ; 
he  has  not  indeed  explained  as  it  behoved  him  to  do,  the 
origin,  nature,  and  extent  of  that  authority,  nor  has  he 
shewn  in  what  manner  it  has  been  exercised. 

No  man,  I  believe,  hath  a  precise  and  clear  idea  of  a 
settlement  of  fees  by  the  judges,  from  what  Antillon  has 
hitherto  said  on  the  subject.  What  does  it  mean  ?  I 
ask  again,  docs  the  authority  to  settle  imply  a  power  to 
lay  new  fees?  The  judges,  it  is  allowed  cannot  alter,  or 
increase  the  o/ii  fees  ;  they  have  not  therefore,  I  presume, 
a  discretionary  power  to  impose  ueiii  j  if  their  authority 
should  extend  to  the  imposition  of  new  fees^  why,  in  a 
variety  of  instances,  have  fees  been  ascertained  by  act  of 
Parliament.  Where  was  the  necessity  of  enacting  those 
statutes,  if  the  judges  were  empowered  by  law  to  settle, 
that  is,  to  impose  fees  by  their  own,  or  delegated  author- 
ity }  Here  seem  to  be  two  distinct  powers  in  the  same 
state,  capable  of  the  same  thing  ;  if  co-equal,  they  may 
clash,  and  interfere  with  each  other ;  if  the  one  be  sub- 
ordinate to  the  other,  then  no  doubt,  the  power  of  the 
judges  must  be  subject  to  the  power  of  Parliament, 
which  is,  and  must  be  supreme  ;  if  subject  to,  it  is  con- 
trolled by  Parliament.  The  Parliament,  we  all  know, 
is  composed  of  three  distinct  branches,  independent  of, 
yet  controlling  and  controlled  by  each  other  ;  no  law 
can  be  enacted,  but  by  the  joint  consent  of  those  three 
branches  ;  now,  if  in  case  of  disagreement  between  them 
about  a  regulation  of  fees,  the  power  of  the  judges  may 
step  in,  and  supply  the  want  of  a  law,  then  may  the  in- 
terposition, and  authority  of  Parliament  in  that  case  be 
rendered   useless   and   nugatory.     Suppose   the  leading 


S 


Appendix  A, 


299 


members  of  one  branch  to  be  deeply  interested  in  the 
regulation,  that  branch  will  probably  endeavour  to  obtain, 
if  it  can,  an  exhorbitant  provision  for  officers  :  the  other 
may  think  the  provision  contended  for,  too  great,  they 
disagree ;  the  fee  bill  miscarries  ;  the  power  of  the 
judges  is  now  left  at  liberty  to  act,  a  necessity  for  its 
acting  is  insisted  on,  and  they  perhaps  establish  the  very 
fees,  which  one  branch  of  the  Legislature  has  already 
condemned  as  unreasonable  and  excessive.  Suppose  the 
judges  should  hold  their  seats  during  pleasure,  suppose 
them  strongly  prejudiced  in  favor  of  government,  might 
not  a  bad  administration,  if  this  power  were  submitted 
to,  obtain  what  establishment  it  pleased  for  its  officers  ? 
Should  the  judges  discover  a  disinclination  to  favor  the 
views  of  government,  the  removal  of  the  stubborn  and 
the  putting  in  of  others  more  compliant,  would  overcome 
that  difficulty,  and  not  only  secure  to  government  for  a 
time,  the  desired  establishment  of  fees,  but  render  that 
establishment  perpetual.  That  a  bold  and  profligate 
minister  will  embrace  the  most  bare  faced,  and  shameful 
means  to  carry  a  point,  the  creation  of  twelve  peers  in 
one  day  "  on  the  spur  of  the  occasion,"  is  a  memorable 
proof.  A  settlement  of  fees  by  Proclamation,  I  still  pre- 
sume to  assert,  notwithstanding  the  subtle  efforts  of 
Antillon  to  prove  the  contrary,  to  be  an  arbitrary  and 
illegal  tax,  and  consequently  thus  far  similar  to  the  ship 
money  assessment :  my  Lord  Coke's  authority  warrants 
the  assertion  and  his  reasoning  will  suppc;^  ''e  i)rinciple  ; 
all  new  offices  erected  with  new  fees,  or  al/  offices  with 
neiv  fees,  are  within  this  act  {de  ta/lagio  non  cojiccdendo) 
that  is,  they  are  a  talliage  or  tax  upon  the  people. 

I  never  asserted,  that  our  offices  relating  to  the  admin- 
istration of  justice  were  not  old,  and  constitutional ;  but  1 
have  asserted,  that  we  have  no  old  and  establisJicd  fees  j 


I 


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■    \ 


If 

'1 


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I' 


fell 


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If  ■' 


;oo         Charles  Carroll  of  Carrollton. 


■  I 


that  fees  settled  by  Proclamation  are  naafufis,  and  that 
conse(iuentIy  they  come  within  the  act,  and  Coke's  ex- 
position of  it  ;  and  therefore,  as  neia  fees  are  taxes,  and 
taxes  cannot  be  hiid  but  by  the  Legislature,  excep  he 

cases  heretofore  mentioned,  fees  settled  by  one,  or  two 
branches  thereof,  are  an  unconstitutional  and  illegal  tax. 
What  Coke  observes,  says  Antillon,  in  his  comment  on 
the  statute  [t/c  talUii^io  iion  conceJendo)  "  tnay  be  fully 
admitted,  without  any  |)roof,"  that  "  every  settlement  of 
fees  is  a  tax  ;  "  therefore,  I  presume,  some  settlement  of 
fees  is  a  tax  ;  what  settlement  of  them,  Antillon  is  a  tax  ? 
If  fees  settled  by  Act  of  Parliament  are  taxes,  why  should 
they  cease  to  be  taxes,  when  settled  by  the  discretionary 
power  of  the  judges?  If  when  settled  by  the  latter 
authority  they  come  not  within  the  strict  legal  definition 
of  a  tax,  are  they  on  that  account  less  oppressive,  '  f  a 
less  dangerous  tendency  ?     According  to  Antill  .le 

words  ^^  new  fees  arc  not  to  be  annexed  to  old  offices"  mean 
"  that  the  old  and  established  fees  are  not  to  be  augmented 
or  altered  but  by  Act  of  Parliament ;"  yet,  in  ^^  the  old 
offices^  fees  may  be  settled"  Tiiat  is,  if  I  comprehend  him 
right,  ne7u  fees  may  be  established  by  the  judges  ^^ for 
necessary  services,  when  there  happens  to  be  no  prior  pro- 
vision made  by  law  for  those  services." 

How  is  this  interpretation  of  my  Lord  Coke's  com- 
ment to  be  reconciled  with  his  position,  that  fees  cannot 
be  imposed  but  by  Act  of  Parliament,  and  \>  ith  the  doc- 
trine laid  down  in  2d  Bacon  already  recited  ?  The  legal- 
ity oi  the  Proclamation,  Antillon  has  said,  is  determinable 
in  the  ordinary  judicatories  ;  does  it  follow,  therefore, 
that  the  measure  is  constitutional  ?  On  the  same  princi- 
ple the  assessment  of  ship-money  would  have  been  con- 
stitutional ;  for  the  legality  of  that  too  was  determinable 
in  the  ordinary  judicatories,  and  it  was  actually  deter- 


v 


jj;j.v;:avjw^ 


Appendix  A, 


301 


mined  to  be  legal  by  all  the  judges,  four  exce|)ted  ;  if  in 
that  decision   the    Parliament    and    people    had    tamely 


•d.   Prod: 


It  th 


lid 


tht 


accpuesct 

force  of  laws,  indeed  would  supersede  all  law. 

Antillon's  next  argument  in  supi.>ort  of  the  Proclama- 
tion is  derived  from  the  necessity  of  ascertaining  pre- 
cisely by  the  judgment  or  final  decree,  the  costs  of  suits, 
which  are  sometimes  wholly,  sometimes  partly  composed 
of  the  lawyers,  and  officers  fees.  If  fees  are  taxes,  and 
taxes  can  be  laid  by  the  Legislature  only,  that  necessity 
(admitting  it  for  the  sake  of  argument  to  exist)  will  not 
justify  the  settlement  of  fees  by  Proclamation  ;  who  is  to 
be  judge  of  the  necessity  ?  Is  the  government  ?  Then  is 
its  power  unlimited.  Who  will  i)retend  to  say,  that  the 
necessity  is  urgent  and  invincil>(t'  ?  Such  a  necessity  only, 
can  excuse  the  violation  of  this  fundamental  law  ;  "  The 
subjects  shall  not  be  taxed  but  by  the  consent  of  their  repre 
sentatives  in  Parliament ^  '*  If  necessity  is  the  sole 
foundation  of  the  dangerous  power  "  of  settling  fees  by 
prerogative,  when  there  is  no  prior  establishment  of  them 
by  law,  "  it  behoves  those  who  advise  the  exercise  of  that 
power,  not  only  to  see  that  the  necessity  is  indeed  invin- 
cibky  but  that  it  has  not  been  occasioned  by  any  fault  of 
their  own  ;  for  if  it  is  not  the  one,  the  act  is  in  no  way 
justifiable,  and  if  the  other,  that  very  necessity  which  is 
the  excuse  of  the  act,  will  be  the  accusation  of  those, 
who  occasioned  it,  and  in  place  of  being  justifiable  in 
their  conduct,  they  must  be  chargeable,  1st,  with  the 
blame  of  the  necessity^  and  next  with  the  danger  of  the 
violation  of  the  law,  as  the  drunken  man  who  commits 
murder,  justly  bears  the  guilt  both  of  inebriation  and  of 
bloodshed.  "  '     To  whom  is  the  blame  of  the  supposed 

'  Quoted  from  a  pamphlet  entitled  "  A  Speech  against  the  Suspend- 
ing and  Dispensing  Prerogative,"  supposed  to  be  written  by  Lord 


I 
i 


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I  I 


I  M 


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h 


m^ 


302  Charles  Carroll  of  Carrollton, 

necessity,  now  plead  as  an  excuse  for  acting  agains;':  law, 
imputable  ?  Is  it  not  to  those,  who  rather  than  submit 
to  a  regulation  by  law  of  their  fees,  and  to  an  appre- 
hended diminution  of  income,  chose  to  shelter  themselves 
under  the  wings  of  abitrary  prerogative,  and  to  expose 
their  country  f'  all  the  difficulties,  and  distress, 
which  the  wanton  exercise  of  an  unconstitutional  power 
was  sure  to  introduce  ? 

Who,  the  least  acquainted  with  the  arguments  in 
favor  of  ship-money,  and  the  dispensing  poivery  does  not 
perceive  this  part  of  Antillon's  defence  to  be  a  repeti- 
tion, and  revival  of  those  exploded,  and  justly  odious 
topics  tricked  off  in  a  new  dress  to  hide  their  deformity, 
the  better  to  impose  on  the  unthinking  and  unwary. 
Antillon  asserts,  that  the  Citizen  from  some  proceedings 
of  the  House  of  Commons,  infers  a  power  in  the  Com- 
mons ^'' alone"  to  settle  the  fees  of  officers  belonging  to 
the  courts  of  law.  Want  of  accuracy  in  the  expression 
has,  I  confess,  given  a  color  to  the  charge  ;  but  Antillon 
to  justify  his  construction  of  the  sentence  referred  to, 
and  to  exclude  all  doubt  of  the  Citizen's  meaning,  has 
inserted  the  word  ^^  alone  ^^  "If  the  Commons,"  says 
the  Citizen,  "  liad  a  right  to  enquire  into  the  abuses  com- 
mitted by  the  officers  of  the  courts^  they  had,  ?io  doubt  the 
poioer  of  correcting  those  abuser,  and  of  establishing  the  fees 
in  those  courts,  had  they  thought  proper  " — he  should  have 
added  (to  prevent  all  cavil) — with  the  concurrence  of  the 
King  and  Lords.     This  was  really  the  Citizen's  meaning, 

Mansfield.  Mr.  Blackstone,  speaking  of  the  very  measure,  which 
occasioned  that  speech,  observes  :  "  A  Proclamation  to  lay  an  em- 
bargo in  time  of  peace  upon  all  vessels  laden  with  wheat  (though  in 
the  time  of  a  public  scarcity)  being  contrary  to  law,  the  advisers  of 
such  a  proclamation,  and  all  persons  acting  under  it,  found  it  necessary 
to  be  indemnified  by  a  special  Act  of  Parliament,  7  Geo.  3d.  C.  7." 


1   ^ 


Appendix  A. 


303 


s  \ 


though  not  expressed  ;  his  whole  argument  should  be 
considered,  and  taken  together ;  he  endeavors  all  along 
to  prove,  that  fees  are  taxes,  that  taxes  cannot  be  laid 
but  by  the  Legislature,  except  in  the  instances  already 
mentioned,  which,  as  I  said  before,  are  exceptions  to  the 
general  rule.  The  extracts  from  the  report  of  the  com- 
mittee were  adduced  to  show,  what  abuses  had  crept 
into  practice  by  ofificers  charging  illegal  fees  ;  what  op- 
pressions the  encroaching  spirit  of  ofifice  had  brought 
upon  the  subject  ;  and  the  controlling  power  of  the 
House  of  Commons  over  the  ofificers  of  the  courts  of  jus- 
tice. They  resolved,  that  all  the  fees  should  be  fixed,  and 
established  by  authority,  that  they  i>hould  be  registered 
in  a  book,  and  inspected  gratis  ;  that  the  rates  being 
publicly  known,  officers  might  not  extort  more  than  the 
usual,  ancient,  legal  and  established  fees.  It  does  not 
appear,  that  the  Commons  authorised  the  judges  to 
create  neiv  fees,  or  to  alter,  or  increase  the  old,  but  in- 
sisted, that  a  table  of  all  the  fees  should  be  made  out 
under  the  inspection  of  the  judges,  and  to  give  it  a 
greater  sanction,  should  be  signed  and  attested  by  them, 
to  prevent,  no  doubt,  the  secret  and  rapacious  practices 
of  officers.  That  fees  are  taxes,  I  hope  has  been  proved  ; 
but  should  it  be  granted,  that  they  are  not  taxes,  because 
they  have  been  settled  in  England  by  other  authority, 
than  the  legislative  (which  I  do  not  admit,  if  by  a  settle- 
ment of  fees  under  the  authority  of  the  judges,  an  im- 
position of  ne^v  fees  may  be  meant)  still  I  contend,  that 
a  settlement  of  fees  in  this  province  by  Proclamation  is 
illegal,  and  unconstitutional,  for  the  reasons  already 
assigned  ;  to  which  the  following  may  be  added.  If  a 
table  of  fees  had  been  framed  by  the  House  of  Com- 
mons, confirmed  by  Act  of  Parliament,  and  all  former 
statutes  relating  to  fees  had  been  repealed,  and  a  tempo- 


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304  Charles  Carroll  of  Carrollton. 

rary  duration  given  to  the  new  act,  that  at  its  expiration, 
corrections  and  amendments  (if  expedient)  might  be 
made  in  the  table  of  fees  ;  if  in  consequence  of  a  dis- 
agreement between  the  branches  of  the  Legislature  about 
those  amendments,  the  law  had  expired,  and  the  Com- 
mons had  resolved,  that  an  attempt  to  establish  the  late 
rates  by  Proclamation  would  be  illegal,  and  unconstitu- 
tional would  any  minister  of  Great  B'''*^'"in  advise  his 
sovereign  to  issue  his  Proclamation,  unt.  r  color  of  pre- 
venting extortion,  but  in  reality  for  the  very  purpose  of 
establishing  the  contested  rates  ?  If  a  minister  should 
be  found  daring  enough  to  adopt  the  measure,  a  dismis- 
sion from  office  might  not  be  his  only  punishment,  al- 
though he  should  endeavour  to  justify  his  conduct  upon 
legal  principles,  in  the  following  manner. 

The  same  authority  distinct  from  the  legislative,  that 
has  settled  may  settle  the  fees,  when  the  proper  occasion 
of  exercising  it  occurs  :  the  proper  occasion  has  now 
presented  itself,  we  have  no  law  for  the  establish- 
ment of  fees  ;  some  standard  is  necessary,  and  there- 
fore the  authority  distinct  from  the  legislative,  which  used 
to  settle  fees,  must  interfere,  and  settle  them  again  ; 
necessity  calls  for  its  exertion,  and  it  ought  to  be  active  ; 
recourse,  I  allow,  should  not  be  had  to  its  interposition, 
but  in  a  case  of  the  utmost  urgency. 

"  Nee  deus  intersit  nisi  dignus  vindiee  nodus."  ' 

"  Nor  let  a  god  in  person  stand  displayed, 
Unless  the  laboring  plot  deserve  hi'-  aid." 

Such  reasoning  would  not  screen  the  minister  from  the 
resentment  of  the  Commons  :  they  would  tell  him,  that 
the  necessity,  "  The  tyrant's  plea"  was  pretended,  not 
real,  if  real,  that  it  was  occasioned  by  his  selfish  views, 

'Hor. ,  "A.  P.,"  pp.  1 2 1- T 22.  (Nee  deus  intersit  nisi  dignus 
vindiee  nodus  ineiderit). 


Appendix  A, 


305 


which  prevented  the  passage  of  a  law,  for  the  settlement 
of  fees  ;  they  would  perhaps  assert,  that  a  power,  distinct 
from  the  legislative,  unless  authorized  by  the  latter,  had 
never  attempted  to  impose  fees,  since  they  began  to  be 
paid  by  the  people  ;  they  might  possibly  show,  that  a 
settlement  of  fees  by  the  judges,  does  not  imply  an 
authority  in  them  to  impose  new  fees,  if  it  should,  that 
the  power  is  unconstitutional,  and  ought  to  be  restrained  ; 
they  might  contend  that  a  settlement  of  fees  by  the  judges, 
was  nothing  more  than  a  publication  under  their  hands 
and  seals  of  such  fees,  as  had  been  usually,  and  of  ancient 
time  received  by  the  ofificers  of  the  courts  ;  that  the  pub- 
lication by  authority  was  made,  to  prevent  the  rapacious 
practices  of  ofificers  ;  they  would  probably  refer  the  min- 
ister to  my  Lord  Coke,  who  says  expressly — that,  while 
officers  "could  take  no  fee  at  all  for  doing  their  office  but 
of  the  King,  then  had  they  no  color  to  exact  anything  of 
the  subject,  who  knew,  that  they  ought  to  take  nothing  of 
them,  but  when  some  Acts  of  Parliament,  changing  the 
rule  of  the  common  law,  gave  to  the  ministers  of  the 
King,  fees  in  some  particular  cases  to  be  taken  of  the 
subject,  abuses  crept  in,  and  the  officers  and  ministers 
did  offend  in  most  cases,  but  at  this  day,  they  can  take 
no  more  for  doing  their  office,  than  have  been  since  this 
act  allowed  to  them  by  authority  of  Parliament^  (West- 
minister I  St.) 

But  let  us  leave  fiction  and  come  to  reality  ;  what  will 
the  delegates  of  the  people  at  their  next  meeting  say  to 
our  minister,  this  Antillon,  this  enemy  to  his  country^  this 

'  Voted  by  the  Lower  House.  Antillon  seems  to  make  very  light 
of  those  resolves,  a  wicked  minister  is  never  at  a  loss  to  find  out 
motives,  to  which  he  may  ascribe  the  censure  and  condemnation  of 
his  conduct,  these  he  will  impute  either  to  passion,  to  the  disappoint- 
ment of  a  faction,  or  to  rancorous  and  personal  enmity  ;  however,  if 

VOL.  1  —  20 


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306  diaries  Carroll  of  Carrollton. 

bashaw — who  calls  a  censure  of  his  measures,  arrogance, 
and  freedom  of  speech,  presumption  ? — They  will  prob- 
ably tell  him  ;  you  advised  the  Proclamation,  with  you  it 
was  concerted  in  the  cabinet,  and  by  you  brought  into 
Council  ;  your  artifices  imposed  on  the  Board,  and  on 
the  Governor,  and  drew  them  into  an  approbation  of  a 
scheme  outwardly  specious,  and  calculated  to  deceive  ;  you 
have  since  defended  it  upon  principles  incompatible  with 
the  freedom,  ease,  and  prosperity  of  the  province.  If 
your  endeavours  should  prove  successful,  if  the  Procla- 
mation should  be  enforced,  we  shall  never  have  it  in  our 
power  to  correct  the  many  glaring  abuses,  and  excessive 
rates,  of  the  old  table,  adopted  by  the  Proclamation, 
nor  to  reduce  the  salaries  of  officers,  which  greatly  over 
pay  their  services,  and  give  an  influence  to  government, 
usually  converted  to  sinister  purposes,  and  of  course 
repugnant  to  the  general  good. 

The  monies  collected  from  the  people,  and  paid  to 
officers,  amount  annually  to  a  large  sum  ;  officers  are  de- 
pendent on,  and  of  course  attached  to  government ;  power 
is  said  to  follow  property ;  the  more,  therefore,  the 
property  of  officers  is  increased,  the  greater  the  influence 
of  government  will  be  ;  fatal  experience  proves  it  already 
too  great.     The  power  of  settling  fees  by  Proclamation 

the  Proclamation  is  illegal,  and  of  a  dangerous  tendency  the  votes 
alluded  to,  so  far  from  being  justly  imputable  to  any  of  those  causes, 
ought  to  be  deemed  the  result  and  duty  of  real  patriotism.  Antillon 
has  compared  the  votes  of  a  former  Lower  House  against  certain  re- 
ligionists, to  the  late  votes  against  the  adviser  of  an  unconstitutional 
measure.  The  unprejudiced  will  discern  a  wide  difference  between 
the  two  proceedings,  but  a  review  of  the  former  would  answer  no 
good  purpose  ;  it  might  perhaps,  rekindle  extinguished  animosities  ; 
of  that  transaction  I  shall  say  no  more  than — 

Afeininimus,  et  ignosciinus, 
"  We  remember  and  forgive." 


\<^. 


Ml 


Appendix  A. 


307 


Togance, 
ill  prob- 
1th  you  it 
ight  into 
i,  and  on 
ition  of  a 
"Ave  ;  you 
tible  with 
/ince.     If 
le  Procla- 
e  it  in  our 
excessive 
::lamation, 
eatly  over 
vernment, 
of  course 

id  paid  to 
ers  are  de- 
nt ;  power 
efore,  the 
influence 
it  already 
clamation 

ley  the  votes 
those  causes, 
Antillon 
1st  certain  re- 
lonstitutional 

ice  between 
Id  answer  no 

1  animosities ; 


is  utterly  inconsistent  with  the  spirit  of  a  free  constitution  : 
if  the  Proclamation  has  a  legal,  binding  force,  then  will 
it  undoubtedly  take  away  a  part  of  the  peo])le's  property 
without  their  consent.  "  Whatever  another  may  right- 
fully take  from  me  without  my  consent,  1  have  certainly 
no  property  in."  '  if  you  render  property  thus  insecure, 
you  destroy  the  very  life  and  soul  of  liberty.  What  is 
this  power,  or  prerogative  of  settling  fees  by  Proclama- 
tion, but  the  mere  exertion  of  arbitrary  will?  If  the  su- 
preme magistrate  may  lawfully  settle  fees  by  his  sole 
authority,  at  one  time,  why  may  he  not  increase  them  at 
some  other,  according  to  his  good  will  and  pleasure  ?  '■' 
What  boundary,  what  barrier  shall  we  fix  to  this  discre- 
tionary power  ?  Would  not  the  exercise  of  it,  if  sub- 
mitted to,  preclude  the  delegates  of  the  people  from 
interfering  in  any  future  settlement  of  fees,  from  correct- 
ing subsisting  abuses,  and  excesses,  or  from  lowering  the 
salaries  of  officers,  when  they  become  too  lucrative  ?  It 
is  imagined,  the  salaries  of  the  Commissary,  and  Secre- 
tary, from  the  increase  of  business,  will  in  process  of 
time,  exceed  the  appointments  of  the  Governor  :  does 
not  this  very  circumstance  point  out  the  necessity  of  a 
reduction  ?  But  if  the  authority  to  regulate  officers'  fees, 
with  the  concurrence  of  the  other  branches  of  the  Legis- 
lature, should  be  wrested  from  the  Lower  House,  what 
expectation  can  we  ever  have,  of  seeing  this  necessary 
reduction  take  place  ? 

**  That  question  ought  not  to  be  prejudged,"  says  An- 
tillon "  is  another  of  the  Citizen's  objections."  Here 
again  he  willfully  Uiisrepresents  the  Citizen's  meaning. 
The  passage  in  the  Citizen's  last  paper  alluded  to  by 

'  Molyneux,  "  Case  of  Ireland  stated." 

^  Fees  were  actually  increased  by  Proclamation  in  1739,  o"  '^he  ap- 
plication of  several  sheriffs. 


m 


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308 


Charles  Carroll  of  Car  roll  ton. 


If:' 


■    ( 


Antillon,  is  this  :  "  The  Governor,  it  is  said,  with  the 
advice  of  his  Lordship's  Council  of  State,  issued  the  Proc- 
lamation :  three  of  our  provincial  judges  are  of  that 
Council,  they  therefore  advised  a  measure,  as  proper,  and 
consequently  as  legal,  the  legality  of  which,  if  called  in 
question,  they  were  afterwards  to  determine  :  is  not  this 
ill  some  degree  prejudging  the  question?"  Antillon 
talks  of  precedents,  and  established  rules  ;  the  Citizen 
says  not  a  word  about  them,  his  meaning  is  too  plain  to  be 
mistaken,  without  design.  The  Council,  it  has  been 
said,  advised  the  Proclamation,  the  judges  therefore, 
who  were  then  in  Council,  and  concurred  in  the  advice, 
thought  it  a  legal  measure  ;  the  legality  of  it  may  here- 
after be  questioned  ;  as  judges  of  the  provincial  court, 
they  may  be  concerned  in  the  determination  of  the 
question.  Is  there  no  impropriety  in  this  proceeding  ? 
if  they  should  determine  the  Proclamation  to  be  illegal, 
will  they  not  condemn  their  former  opinion  ?  When  they 
advised  the  Proclamation,  they  no  doubt  judged  it  to  be, 
not  only  **  expedient "  but  legal ;  possibly  the  decision  of 
this  controversy  may  rest  ultimately  with  the  members  of 
the  Council,  who  constitute  the  court  of  appeals  ;  these 
gentlemen,  it  seems,  unanimously  concurred  in  advising 
the  Proclamation  :  "  Is  not  this  to  anticipate  questions 
before  they  come  to  them  through  their  regular  channels  to 
decide  first,  and  hear  afterwards,"  ' 

'  "  Whether  any  officer  has  been  guilty  of  extortion,  is  a  question, 
which  neither  your  nor  our  declaration  ought  to  prejudicate  ;  but  that 
your  declaration  held  out  to  the  public  would  have,  in  no  small 
degree,  this  effect,  can  hardly  be  doubted,  atid  our  part  particularly, 
such  a  declaration  would  be  the  more  improper,  \h&  last  legal  appeal 
in  this  province  being  to  us  ;  it  would  be  to  anticipate  questions, 
before  they  come  to  us  through  their  regular  channel,  to  decide  first, 
and  hear  afterwards."  Vide,  Upper  House,  Message,  20th  Novem- 
ber, 1770. 


,1 


\\.. 


Appendix  A. 


309 


ii 


Of  the  twelve  counsellors,  says  Antillon,  '*  Two  only 
were  interested." — Suppose  a  suit  to  be  brought  before 
twelve  judges,  two  of  whom  are  plaintiffs  in  the  cause, 
and  these  two  should  sit  in  judgment,  and  deliver  their 
opinions,  would  not  the  judgment,  if  given  in  favor 
of  the  plaintiffs,  be  void  on  this  principle,  that  no  man 
ought  to  be  judge  in  his  07un  cause,  such  proceeding  being 
contrary  to  reason  and  natural  equity  ?  Two  counsellors 
only,  it  seems,  were  interested,  that  is  immediately  inter- 
ested ?  But  might  not  others  be  swayed  by  a  remote 
interest  ?  Are  the  views  of  thinking  men  confined  to 
the  present  hour  ?  Are  they  not  most  commonly  extended 
to  distant  prospects  ?  If  one  of  the  interested  counsellors, 
from  his  superior  knowledge  of  the  law,  and  constitution, 
and  from  the  confidence  reposed  in  his  abilities,  should 
have  acquired  an  uncommon  ascendant  over  the  Council, 
may  we  not  rationally  conclude,  that  his  opinion  would 
have  great  weight  with  those,  who  cannot  be  supposed 
equally  good  judges  of  the  law,  and  constitution  ?  Sup- 
posing this  interested  counsellor  to  be  an  honest  man,  ought 
not  his  opinion  to  have  the  greatest  weight  with  mere  lay- 
men on  a  legal  and  constitutional  question  ?  The  Proc- 
lamation has  no  relation  to  the  Chancellor,  says  Antillon. 
Does  not  the  Chancellor  continue  to  receive  fees  in  his 
court  according  to  the  rates  of  the  old  table  ?  Is  not 
the  Governor  Chancellor,  and  has  not  the  Proclamation 
set  up  the  very  rates  of  the  old  table  ?  How  then  can  it 
be  said,  that  the  Proclamation  has  no  relation  to  the 
Chancellor  ?  Should  some  ref  "^ctory  person  refuse  to 
pay  the  Chancellor's  fees,  what  methods  would  be  taken 
to  enforce  the  payment  of  them  ?  The  Chancellor,  I 
suppose,  would  decree  his  own  fees  to  be  paid  ;  would  he 
not  therefore  be  judge  in  his  own  cause  ?  Or  if  he  should 
refuse  to  do  the  service,  unless  the  fee  were  paid,  at  the 


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instant  of  performing  it,  would  not  this  be  a  very  effectual 
method  of  compelling  payment  ? 

Antillon's  strictures  in  one  of  his  notes  on  the  citizen's 
crude  notions '  of  British  polity  fall  entirely  on  another 
person  ;  they  are  the  notions  of  Montesquieu  and  of  the 
writer  of  a  pamphlet  entitled,  "  The  Privileges  of  the 
Assembly  of  Jamaica  Vindicated,  etc.,"  and  quoted  as 
such.  Notwithstanding  the  appeal  from  the  court  of 
Chancery  to  a  superior  jurisdiction,  the  impropriety  of 
having  the  offices  of  governor,  and  chancellor  united  in 
the  same  person,  must  be  obvious  to  every  thinking  man- 
**  The  Proclamation  was  the  act  of  the  Governor,  flowing 
from  his  persuasion  of  its  utility  ;  he  was  not  to  be 
directed  by  the  suffrage  of  the  Council,  he  was  to  judge 
of  the  propriety  of  their  advice,  upon  the  reasons  they 
should  offer ;  they  were  twelve  in  number,"  and  no 
doubt  each  offered  his  reasons  apart ;  all  this  may  be  very 
true,  Antillon,  and  you  may  still  remain  the  principal 
adviser,  the  ?,o\q  fabricator  of  the  Proclamation.  Was  the 
Proclamation  thought  of,  at  one  and  the  same  instant  by 
all  the  twelve  ?  Who  first  proposed  it  ?  If  you  did  not 
first  propose  the  measure,  did  you  not  privately  instigate 
the  gentleman,  who  did  propose  it  to  the  Board,  to  make 
the  motion  ?  I  know  you  of  old  ;  you  never  choose  to  ap- 
pear openly   the   author   of   mischief,  you   have  always 

'  If  the  Governor  may  lawfully  issue  his  proclamation  for  tlie  es- 
tablishment of  fees,  and  it  should  receive  a  legal,  binding  force  from 
the  decree  of  the  Chancellor,  who  in  this  province  is  Governor,  or 
from  the  determination  of  judges  appointed  by  him,  and  removeable 
at  his  pleasure,  ''  Then  may  he  behave  with  all  the  violence  of  an  op- 
pressor." The  will  to  ordain,  and  the  power  to  enforce,  will  be 
lodged  in  the  same  person.  I  do  not  assert  that  the  Governor  will 
act  tyrannically  ;  "but  the  true  liberty  of  the  subject  "  (as  Black- 
stone  justly  observes)  "  consists,  not  so  much  in  the  gracious  beha- 
viour, as  in  the  limited  power  of  the  sovereign." 


II 


Appendix  A, 


311 


fathered  your  "  mischievous  tricks,'"  on  some  one  else — 
to  these  questions  I  would  request  your  answer,  and  rest 
the  truth  of  the  accusation  on  your  averment  :  but  the 
averments  of  a  ^^ cankered"  minister  are  not  more  to  be 
relied  on  than  his  promises.  I  have  charged,  you  say,  all 
the  members  of  the  Council  with  being  your  implied  ae- 
pendents  ;  I  deny  the  charge  ;  I  have  said  they  were  im- 
posed on  by  your  artifices  ;  is  it  the  first  time,  that  sensible 
men  have  been  outwitted  by  a  knave  ?  You  are  now  try- 
ing to  engage  them  on  your  side,  and  to  make  them  parties 
to  your  cause.  To  raise  their  resentment  against  the 
Citizen,  you  endeavour  to  persuade  them  that  they  have 
been  treated  as  ciphers,  dependent  tools,  idiots,  a  mere 
rabble, 

^^  Nos  Humerus  sumus,  ct  fruges  consumerc  naii.^  " 
"  We  are  but  cyphers,  born  to  eat  and  sleep." 
To  draw  the  governor  into  your  quarrel,  you  assert,  that 
I  have  contradicted  him  in  the  grossest  manner  ;  but  as 
usual,  you  have  failed  in  your  proof.  *'  In  his  pro- 
roguing speech  he  has  declared,  that  he  issued  his  Proc- 
lamation solely  for  the  benefit  of  the  people,  by  nine 
tenths  of  whom,  he  believed  it  was  so  understood,"  That 
you  persuaded  him  to  think  the  Proclamation  was  calcu- 
lated solely  for  the  benefit  of  the  people,  1  easily  credit, 
and  that  he  really  thought  so,  I  will  as  readily  admit ;  your 
subdolous  attempts  to  involve  the  Governor  in  your  guilty 
counsels,  and  make  him  a  partner  in  your  crimes,  discover 
the  wisdom  of  the  maxim,  **  T/ie  King  can  do  no  wrong" 
and  the  propriety,  nay  the  necessity  of  its  application  to 
the  supreme  magistrate  of  this  province.  I  shall  adopt 
another  maxim,  established  by  the  British  Parliament, 
equally  wise  and  just,  "  The  King's  speeches  are  the  min- 
ister's speeches."  The  distinction,  perhaps,  will  be  ridi- 
»Hor.,  "Ep.,"i.,2,  27. 


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3 1 2  Charles  Carroll  of  Carrollton, 

culed  with  false  wit,  and  treated  by  ignorance  as  a  device 
of  St.  Omers,  The  proroguing  speech,  though  perhaps 
not  penned,  yet  prompted  by  you,  suggests  that  nine 
tenths  of  the  people  understood  the  Proclamation  was 
issued  for  their  benefit ;  how  is  the  sense  of  the  people 
to  be  known,  but  from  the  sentiments  of  their  represen- 
tatives in  Assembly  ?  To  judge  by  that  criterion,  the 
Proclamation  was  not  understood  by  nine  tenths  of  the 
people  as  issued  for  their  benefit.  That  the  application 
of  the  above  maxims  should  give  you  uneasiness,  I  am 
not  surprised  ;  they  throw  guilt  of  bad  measures  on  the 
proper  person,  on  you,  and  you  only,  the  real  author  of 
them  ;  the  glory  and  the  merit  of  good  are  wholly  ascribed 
to  you,  by  your  unprincipled  creatures  ;  the  spirited  reply 
to  the  petitioners  for  a  bishop  was  delivered,  it  is  said, 
in  pursuance  of  your  advice  ;  be  it  so,  claim  merit 
wherever  you  can,  I  will  allow  it  wherever  it  is  due  ;  but 
cease  to  impose  on  your  countrymen,  think  not  to  assume 
all  the  merit  of  good  counsels,  and  of  bad  to  cast  the 
blame  on  others.  Hampden  has  been  deservedly  cele- 
brated for  his  spirited  opposition  to  an  arbitrary,  and 
illegal  tax  ;  a  similar  conduct  would  deserve  some  praise, 
and  were  the  danger  of  opposition  and  the  power  of  the 
oppressor  as  great,  the  merit  would  be  equal.  The  vio- 
lent opposition  which  Mr.  Ogle  met  with  proceeded,  I 
thought,  in  great  measure  from  the  cause  assigned  in  my 
last  paper  ;  it  certainly  occasioned  great  discontents. 

The  decree  for  the  payment  of  fees  *'  according  to  the  very 
settlement  of  the  Proclatnatioti"  was  given,  as  I  conceived, 
in  his  fi  rst  administration.  A  misconception  of  Antillon's 
meaning  led  me  into  this  error  ;  that  I  would  wilfully 
subject  myself  to  the  imputation  of  a  falsehood  so  easily 
detected,  will  scarcely  be  credited,  unless  it  be  believed, 
that  the  hardened  impudence,  and  habitual  mendacity  of  an 


1\ 


Appendix  A, 


313 


Antillon,  become  proverbial,  had  rendered  me  insensible 
of  shame  and  regardless  of  character.  "The  citizen 
has  said,  the  Prochmiation  ought  rather  to  be  considered 
as  a  direction  to  the  officers,  what  to  demand,  and  to  the 
people  what  to  i^ay,  than  a  restriction  of  officers."  An- 
tillon affects  to  be  much  puzzled  about  the  meaning  of 
the  word  direction  ;  it  is  surprising  he  should,  when  he 
holds  up  the  Proclamation  as  the  standard,  by  which 
the  courts  of  justice  are  to  be  governed  in  ascertaining 
costs,  as  the  only  remedy  against  the  extortion  of  officers, 
by  subjecting  them  to  the  governor's  displeasure,  and 
removal  from  ofifice,  if  they  should  exceed  the  established 
rates,  or  to  a  prosecution  for  extortion,  should  the  legality 
of  the  Proclamation  be  established  in  the  ordinary  judi- 
catories. It  is  a  common  observation  confirmed  by 
general  experience,  that  a  claim  in  the  colony-govern- 
ments of  an  extraordinary  power  as  incidental  to,  or 
part  of  the  prerogative,  is  sure  to  meet  with  the  encour- 
agement, and  support  of  the  ministry  in  Great  Britain. 
That  the  Proclamation  is  a  point  which  the  minister  of 
Maryland,  {our  Antillon)  wants  to  establish,  is  by  this 
time  evident  to  the  whole  province.  Every  artifice  has 
been  made  use  of,  to  conceal  the  dangerous  tendency 
of  that  measure,  to  reconcile  the  people  to  it,  and  to 
procure  their  submission.  Opinions  of  eminent  counsel 
in  England  have  been  mentioned,  the  names  of  the 
gentlemen  are  now  communicated  to  the  public  ;  the 
state  on  which  those  opinions  were  given,  though  called 
for,  the  person  who  drew  it,  and  advised  the  opinions  to 
be  taken,  still  remain  a  profound  secret.  The  sacred 
name  of  majesty  itself,  is  prostituted  to  countenance  a 
measure,  not  justifiable  upon  legal  and  constitutional 
principles,  to  silence  the  voice  of  freedom  and  of  censure, 
and  to  screen  a  guilty  minister,  from  the  just  resentment 


.' 


1 


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3 1 4  Charles  Carroll  of  Carroll  ton. 

of  an  injured  and  insulted  country.  The  whole  tenor 
of  Aniillon's  conduct  makes  good  the  old  observation, 
"that  where  ministers  are  pinched  in  matter  of  proceed- 
ing against  law,  they  throw  it  upon  the  King,"  '  Antillon 
lias  represented  the  Proclamation,  as  the  immediate  act 
of  the  Governor,  **  77ic  Governor  icas  not  to  be  directed^ 
yjT'd'  Now  to  give  it  a  still  greater  sanction,  we  are 
told,  the  Governor's  conduct  in  this  very  business,  has 
met  with  the  royal  approbation.  To  what  purpose  was 
this  information  thrown  out  ?  Was  it  to  intimidate, 
and  to  prevent  all  further  writing,  and  discourse  about 
the  Proclamation  ?  Unheard  of  insolence  !  The  pride 
and  arrogance  of  this  Antillon,  has  bereft  him  of  his 
understanding ;  quos  deus  viilt  perdere  prins  dcmcntat'^ 
S{)eaking  of  the  Proclamation  the  citizen  has  said,  "7//  a 
land  of  freedom^  tJiis  arbitrary  exertion  of  prerogative  will 
not^  must  not  be  endured y  Antillon  calls  these  naughty ^ 
words^  and  intimates  a  repetition  of  them  would  be  dan- 
gerous. In  a  free  country,  a  contrary  doctrine  is  insuf- 
ferable ;  the  man  who  dares  maintain  it,  is  an  enemy  to 
the  people,  perhaps,  the  time  may  not  be  very  distant 
when  this  haughty  self-conceited,  this  tremendous  hxiixWotn 
will  be  obliged  to  lower  his  tone,  and  will  find  perchance, 
my  Lord  Coke's  saying  prove  true,  "  That  the  minister, 
who  wrestles  with  the  laws  of  a  free  country,  will  be 
sure  to  get  his  neck  broke  in  the  struggle."  I  have 
asserted  that  the  citizen's  first  paper  was  wrote  siiii.  ..•; 
the  advice,   suggestion,    or   assistance   of  person  ; 

these  words,  it  seems,  are  not  sufficiently  ichensive  ■ 

what  words  of  a  more  extensive  import  c  be  made  use 
of  ?  I  have  denied  all  knowledge  of  the  paper  \  rote  by 
the  '*  Independent  Whigs,"  till  it  was  published  in  the 

'  Grey's  "  Debates." 

'^  Bolssonade's  translation  into  Latin  of  a  fragment  of  Euripides. 


l 


Ippaidix  A. 


315 


des. 


Maryland  Gazette ;  to  this  moment  the  "Independent 
Whigs  "  are  unknown  to  me.  'I'he  communication  to  some 
gentlemen  in  private,  of  a  paper  wrote  against  an  obnox- 
ious minister,  censuring  his  public  conduct,  tiiough  the 
strictures  might  meet  with  their  approbation,  ought  not 
to  render  them  so  ( iilpuble  as  to  justify  the  minister  in 
loading  them  with  the  foulest,  and  most  virulent  abuse. 
Does  the  writer  even  deserve  such  treatment?  I  was 
too  well  acquainted  with  the  temper,  and  character  of 
Anlillon,  not  to  be  i)repared  against  the  bitterest  invec- 
tives, which  malice  might  suggest,  and  falsehood  could 
propagate  ;  such,  I  was  persuaded,  a  censure  of  his 
measures  would  draw  on  his  censurer.  Conscious  of  my 
integrity,  confiding  in  the  goodness  of  my  cause,  and 
desirous  of  counteracting  the  insidious  designs  of  a 
wicked  minister^  I  took  up  my  j^en,  determined  to  despise 
the  calumnies  of  a  man,  which  I  knew,  a  candid  public 
would  impute  to  his  malevolence.  The  event  has  con- 
firmed my  apprehensions  ;  Anlillon  has  poured  out  the 
over  flowing  of  his  gall,  with  such  fury  against  the  citizen, 
that  to  use  the  words  of  Cicero  applied  to  Anthony  : 
Omnibus  est  7.<isiis  vomere  sua  more  nondicere.^ 

He  seems  according  to  custum,  rather  to  spew,  than  to 
speak. 

The  extracts  from  Petyt  were  to  shew,  that  the  Com- 
mons had  censured  proclamations  issued  to  '''establish 
matters  rejected  by  Parliament  in  a  session  immediately 
preceding;^'  That  '''' Former  proclamations  had  been  vouched 
to  countenance  and  to  warrant  the  latter^  The  (.'itizen 
had  no  intention  to  deceive  the  people  ;  no  wish,  that 
more  might  be  inferred  from  his  little  scraps^  than  what 
was  plainly  announced.  The  proclamations  alluded  to 
were  contrary  to  law  ;  and  it  is  conceded,  and,  I  trust,  it 

'  <"icero  said  of  Anthony. 


111 


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3 1 6  Charles  Carroll  of  Carrollton. 


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Vl'i 


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1  .  .\ 


has  been  proved,  that  the  proclamation  for  settling  offi- 
cers* fees  is  also  contrary  to  law.  Had  the  Citizen 
designedly  suppressed  the  titles  of  the  Proclamations 
recorded  in  Petyt,  would  he  have  mentioned  the  author's 
name,  and  referred  his  readers  to  the  very  page,  from 
which  the  extracts  were  taken  ?  Would  he  not  rather 
have  imitated  the  conduct  of  Antillon,  who  speaking  in  his 
first  paper,  of  a  commission  issued  by  the  King  to  the 
Chancellor  for  settling  fees,  neither  mentions  the  book, 
from  which  the  quotation  is  given,  nor  the  time  of  the 
transaction.  I  comprehend  fully,  Antillon,  your  threats 
thrown  out  against  certain  religionists  ;  to  shew  the 
greatness  of  your  soul^  and  your  utter  detestation  of  malice, 
I  shall  give  the  public  a  translation  of  your  Latin  sen- 
tence ;  the  sentiment  is  truly  noble,  and  reflects  the 
highest  lustre  on  its  author  or  adopter;  Eos  tamen  iacdere 
non  exoptemus,  qui  nos  laedcre  non  exoptant,  we  would  not 
wish  to  hurt  those  who  do  not  wish  to  hurt  us  ; — in  other 
words,  **  I  cannot  wreak  my  resentment  on  the  Citizen, 
without  involving  all  of  his  religion  in  one  common  ruin 
with  him  ;  they  have  not  offended  me,  it  is  true,  but  it  is 
better  that  ninety-nine  just  should  suffer,  than  one  guilty 
man  escape, — a  thorough  paced  politician  never  sticks  at 
the  means  of  accomplishing  his  ends  ;  why  should  I,  who 
have  so  just  a  claim  to  the  character  ?  "  These,  Antillon, 
are  the  sentiments  and  threats,  couched  under  your 
Latin  phrase,  which  you  even  were  ashamed  to  avow  in 
plain  English  ;  how  justly  may  I  retort,  Pudct  haec 
opprohria  dici  et  non  potuisse  revelli\  ct  did  potuisse.  The 
conclusion  of  a  late  excellent  pamphlet  '  is  admirably 
suited  to  the  present  subject  ;  I  shall  therefore  tran- 
scribe it,  taking  the  liberty  of  making  a  few  alterations, 

'  Intitled,    "  A  Speech   against  the   Suspending  and    Dispensing 
Prerogative." 


A 


Appendix  A, 


?>n 


and  insertions  :  "  If  we  see  an  arbitrary  and  tyrannical 
disposition  somew/ierc,  the  call  for  watchfulness  is  a  loud 
[allowed  ?J  "  T/iat  there  is  such  a  disposition  somewhere 
and  where,  tve  all  knoia,  the  Proclamation,  and  the  arro- 
gance of  its  supporter,  are  convincing  proofs.  "  A  tyran- 
nical subject  wants  but  a  tyrannically  disposed  master, 
to  be  a  minister  of  arbitrary  power  ;  if  such  a  minister 
finds  not  such  a  master,  he  will  be  the  tyrant  of  his 
\ixmcQ''— or  princes  representative— '' 3i<,  much  as  of  his 
fellow  servants,  and  fellow  subjects.  I  should  be  sorry 
to  see,"  the  governor  of  this  province,  *' in  chains,  even  if 
he  were  content  to  wear  them— to  see  him  unfortunately 
in  chains,  from  which  perhaps,  he  could  with  difficulty 
free  himself,  till  the  person  who  imposed  them,  runs 
away  ;  which  every  good  subject  would,  in  that  case, 
heartily  wish  might  happen  ;  the  sooner,  the  better  for 
all." 

First  Citizen. 


I 


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II 


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LET  TER  IV. 


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i:  :• 


'■  '. 


"  Though  our  Kings  can  do  no  wrong,  and  though  they 
cannot  be  called  to  account  by  any  form  our  constitution 
prescribes,  their  ministers  may.  They  are  ansiverable  for 
the  administration  of  the  government,  each  for  his  par- 
ticular part,  and  the  prime  or  sole  minister,  when,  there  hap- 
pens to  be  one  for  the  whole  :  \\q  is  the  more  so,  and  the  more 
justly,  if  he  hath  affected  to  render  himself  so,  by  usurping 
on  his  fellows,  by  wriggling,  intriguing,  whispering,  and 
bargaining  himself  into  this  dangerous  post,  to  which  he 
■rcas  not  called  by  the  general  suffrage,  nor  perhaps  by  the 
deliberate  choice  of  his  master  himself  y — Dedication  to  the 
Dissertation  upon  Parties. 

The  noble  author  of  the  Dissertation  upon  Parties 
begins  his  fourth  letter  with  the  following  sentiment, 
taken  from  Cicero's  treatise  on  the  nature  of  the  gods. 
Balbus,  when  he  is  about  to  prove  the  existence  of  a 
Supreme  Being,  makes  this  observation,  Opinionum  com- 
menta  deletdies,  natura  autemjudicia  confirmat: '  "  Ground- 
less opinions  are  destroyed,  but  rational  judgments,  or 
the  judgments  of  nature,  are  confirmed  by  time."  The 
observations  may  be  applied  to  a  variety  of  instances,  in 
which  the  sophistry  and  ingenuity  of  man  have  been  em- 
ployed to  confound  common  sense,   and  to  puzzle  the 

'  Cic,  "De  N.  D.,"  ii,  2,  5. 
318 


!:.>l 


i\ 


Appendix  A, 


319 


!  i 


understanding,  in  order  to  establish  opinions  suited  to 
the  views  of  interest,  or  of  power. 

An  examination  of  Antillon's  arguments  and  answers 
to  mine  will  show  how  forcibly  the  judicious  remark  of 
Balbus  applies  to  the  legal  subtleties  and  metaphysical 
reasonings  of  my  adversary.  I  shall  take  his  arguments 
and  his  answers  nearly  in  the  order  they  occur  in  his  last 
paper.  The  revival  of  the  Governor's  authority  to  regu- 
late the  fees  of  officers,  on  the  expiration  of  the  inspec- 
tion law,  is  admitted,  provided  that  authority  had  a  legal 
existence  ;  but  the  legality  of  the  authority  is  denied,  for 
whether  it  be  legal  or  not,  is  the  very  matter  in  debate. 
*'  The  offices  being  old  and  constitutional,  and  supported 
by  incidental  fees,  the  right  to  receive  such  fees  is  old  and 
constitutional,"  and  therefore  my  adversary  would  infer, 
that  the  fees  settled  by  Proclamation  are  old  and  consti- 
tutional. 

This  inference  does  not  follow  from  the  premises,  not- 
withstanding the  crafty  insertion  of  the  word  such.  The 
offices  being  old,  the  right  to  receive  fees  may  be  old  ; 
but  the  question  recurs,  what  fees  ?  of  whom  ?  where  re- 
sides the  authority  of  fixing  the  rates  ?  for  fixed  they 
must  be  by  some  authority.  That  they  may  be  fixed  by 
the  Legislature  is  admitted  on  all  sides  ;  should  the  dif- 
ferent branches  of  the  Legislature  disagree  about  the 
settlement,  what  authority  must  then  interpose,  and  settle 
the  rates  hitherto  unascertained  ?  AntiJlon  contends 
that  in  such  case,  the  supreme  magistrate,  or  the  judges 
acting  under  an  authority  delegated  from  him,  may  settle 
them.  If  this  doctrine  be  constitutional,  what  security 
have  we  against  the  imposition  of  excessive  fees  ?  Does 
it  not  give  a  discretionary  power  to  the  Governor  of 
making  what  provision  he  may  think  proper  for  his  offi- 
cers, and  of  rendering  them  independent  of  the  people  ? 


Ill 


320  Charles  Carroll  of  Carrollton. 


Mi  , 

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ii 


When  a  service  is  performed,  the  performer  is  clearly 
entitled  to  some  recomj^ence,  but  whether  he  is  to  re- 
ceive that  recompence  from  the  person  served  or  from 
another,  may  be  a  matter  of  doubt,  tlie  quantum  of  the 
recompence  may  not  be  ascertained,  either  by  contract 
by  usage,  or  by  law,  and  then,  in  case  of  a  dispute,  must 
be  settled  by  the  verdict  of  a  jury. 

If  the  authority  to  regulate  the  fees  of  officers  by  Proc- 
lamation be  illegal,  the  Proclamation  can  prevent  the 
extortion  of  officers  only  by  operating  on  their  fears  of 
the  Governor's  displeasure,  and  of  a  removal  from  office  ; 
"  But  if  the  Proclamation  had  not  issued  prohibiting  the 
officers  from  taking  other  or  greater  fees  than  allowed  by 
the  late  inspection  act,  then  would  the  officers  have  had 
it  in  their  power  to  have  demanded  any  fees.''  Their 
rapacity,  i)erhaps,  might  have  prompted  them  to  demand 
most  excessive  fees  ;  but  under  what  obligation  were  the 
people  to  comply  with  their  exorbitant  demands  ?  Sup- 
pose a  person  should  carry  a  deed  to  be  recorded  in  the 
provincial  office  ;  the  clerk  refuses  to  record  it  unless  the 
party  will  pay  him  fifty  guineas  ;  must  he  submit  to  this 
unreasonable  exaction,  or  run  the  risk  of  losing  his  prop- 
erty by  suffering  his  title  to  remain  incomplete  ?  To 
avoid  that  danger,  the  money  is  paid  ;  will  he  not  be 
entitled  to  recover  of  the  officer  by  the  verdict  of  a  jury, 
what  they  might  think  above  the  real  value  of  the  serv- 
ice ?  Or,  suffering  his  title  to  remain  incomplete,  might 
he  not  sue  the  officer  for  damages,  first  tendering  a  rea- 
sonable fee  adequate  to  the  trouble  and  expence  of  record- 
ing the  deed  ?  Answer,  Antillon,  without  equivocation, 
yes,  or  no.  If  the  officer  might  be  indicted  for  extor- 
tion, what  benefit  could  the  people  expect  from  such  a 
prosecution,  when  the  power  of  granting  a  7ioUe  prosequi 
is  confessedly  vested  in  the  government  ?     The  present 


Appendix  A. 


321 


regulation,  we  are  told,  "  contains  no  enforcement  of  pay- 
ment from  the  people,  the  officer  being  left  to  his  legal  rem- 
edy." There  is  not,  it  is  true,  any  immediate  enforcement 
of  payment,  unless,  indeed,  the  officer  should  refuse  to  do 
the  service,  which,  as  I  formerly  remarked,  would  be  in 
most  instances  an  effectual  method  of  enforcing  pay- 
ment. 

Suppose  the  officer  should  not  insist  on  an  immediate 
payment,  and  that  his  account  of  fees  should  be  con- 
tested ;  he  brings  an  action  to  recover  his  fees,  accord- 
ing to  the  very  settlement  of  the  Proclamation  ;  to  whose 
decision  is  this  question  to  be  left  ?  To  the  judges  ?  or 
to  a  jury  ?  If  to  the  former  and  they  should  be  of 
opinion,  that  the  Governor  has  a  right  to  regulate  fees 
by  Proclamation,  when  there  is  no  prior  establishment 
by  law,  and  the  defendant  should  refuse  to  submit  to  the 
sentence  of  the  court,  he  will  be  committed  to  jail,  or  the 
sum  will  be  levied  by  execution  of  his  effects  ;  distress 
though  delayed  for  some  time,  will  surely  overtake  him 
in  the  end.  Some  of  the  judges  discover  a  disinclination 
to  remain  in  office  ;  they  solicit  a  removal,  granted  and 
approved  of  ;  others  are  requested  to  succeed  them  ; 
should  he  not  have  cause  to  suspect  the  rectitude  of 
applications  made  to  men  who  have  publicly  declared 
their  opinion  of  the  legality  of  the  measure  attempted  to 
be  enforced  by  the  sanction  of  the  courts  of  justice  ? 

Other  methods  may  be  employed  to  enforce  the  Proc- 
lamation. The  powers  of  government  will  awe  the 
timid  into  a  compliance  ;  the  necessitous  cannot  with- 
stand the  force  of  temptation,  or  the  threats  of  power, 
the  disobedient  and  refractory  must  relinquish  all  hopes 
of  promotion,  or  of  promoting  their  friends  ;  who  have 
favours  to  ask  at  court,  must  merit  court  favour  by  set- 
ting examples  of  duty  and  submission. 


VOL.  I-  ai 


III 


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www. 


lit  hi  I' 


,  ;t 


•  <  I 


N  '  ' 


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V;' 1^ 


/'^li 


322  Charles  Carroll  of  Carrollton. 

It  has  been  alleged  that  fees  are  taxes  ;  to  prove  the 
assertion,  the  authority  of  Coke  and  reasons  grounded 
on  the  general  principles  of  the  constitution  have  been 
produced  ;  mark  how,  Antillon  has  endeavored  to  get 
over  the  authority,  and  confute  the  reasons.  One  of  the 
great  objections  to  the  Proclamation  is,  that  it  imposes  a 
tax  on  the  people,  and  consequently  is  competent  to  the 
Legislature  only.  Antillon  contends,  that  fees  are  im- 
properly stiled  taxes,  because  they  have  been  settled  by 
the  separate  branches  of  the  Legislature,  which  only  can 
impose  a  tax.  I  have  already  exposed  the  sophistry 
of  this  argument,  I  hope  to  the  satisfaction  of  the  un- 
prejudiced ;  some  farther  elucidation,  however,  may  be 
necessary  to  men  not  thoroughly  conversant  with  the 
subject.  The  Lords  and  Commons,  and  the  Upper  and 
Lower  Houses  of  Assembly  have  each  separately  settled 
the  fees  of  their  respective  officers  by  the  particular 
usage  of  Parliament,  which  must  be  deemed  an  excep- 
tion to  the  general  law,  and  ought,  as  all  exceptions,  to 
be  sparingly  exercised,  and  in  such  cases,  and  in  such 
manner,  only  as  the  usage  will  strictly  warrant.  It  was 
foreign  to  my  purpose  to  inquire  into  this  usage,  custom 
or  law  of  Parliament,  to  investigate  its  origin,  or  to  ex- 
amine its  constitutionality.  On  an  inquiry,  it  would 
perhaps  be  found  co-eval  with  Parliaments.  But  do  you, 
Antillon  admit  the  right  of  the  Lower  House  to  rate  the 
fees  of  its  officers  ?  If  you  do  not  admit  the  right,  to 
argue  from  the  mere  exercise  of  it,  is  certainly  unfair  in 
you.  You  still  insist  that  I  have  admitted  the  right  of 
the  judges  to  settle  the  fees  of  the  officers  attendant  on 
their  courts  ;  be  pleased  to  turn  to  the  passage  in  my 
answer  to  your  first  paper,  part  of  which  you  have  cited, 
and  then  be  candid  enough  to  acknowledge,  if  you  have 
not  willfully  misrepresented,  that  you  have  mistaken  my 


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v.U 


■MfMMM 


w 


•ove  the 
rounded 
ive  been 
I   to  get 
le  of  the 
nposes  a 
nt  to  the 
are  im- 
;ttled  by 
only  can 
sophistry 
f  the  un- 
•,  may  be 
with   the 
rpper  and 
:ly  settled 
particular 
an  excep- 
tptions,  to 
i  in  such 
It  was 
custom 
or  to  ex- 
it  would 
it  do  you, 
rate  the 
right,  to 
unfair  in 
right  of 
sndant  on 
ge  in  my 
ave  cited, 
you  have 
taken  my 


Appendix  A. 


323 


meaning.  The  major  proposition,  that  taxes  cannot  be 
laid,  but  by  the  Legislature,  I  have  admitted  with  this 
exception,  ''''saving  in  such  cases,"  &c.  It  was  not  incum- 
bent on  me  to  prove  the  exception,  it  is  sufficiently 
proved  by  the  journals  of  Parliament ;  the  right,  or  the 
poiver,  if  you  like  that  word  better,  has  been  frequently 
exercised,  whether  constitutionally,  or  not  is  another 
question.  The  two  Houses  of  Parliament  are  the  sole 
judges  of  their  own  privileges,  with  which  I  shall  take 
care  not  to  intermeddle.  Inconsistencies  in  all  govern- 
ments are  to  be  met  with  ;  in  ours  the  most  perfect, 
which  was  ever  established,  some  may  be  found. 

A  partial  deviation  from  a  clear  and  fundamental 
maxim  of  the  constitution  cannot  invalidate  that  maxim. 
To  explain  my  meaning.  It  is  a  settled  principle  of  the 
British  constitution,  that  taxes  must  be  laid  by  the  whole 
Legislature,  yet  in  one  instance,  perhaps  in  more,  the 
principle  hath  been  violated.  The  separate  branches  of 
the  Legislature  have  settled  the  fees  of  their  own  officers. 
Antillon  has  inferred  from  that  exception  to  the  general 
rule,  or  maxim  which  exception  should  be  considered 
as  the  peculiar  privilege  of  Parliament  "  that  fees  are  not 
taxes."  He  has  admitted,  (if  I  comprehend  his  meaning) 
that  fees  are  sometimes  taxes,  that  is,  when  imposed  by 
the  Legislature  ;  but  when  regulated  by  the  judges  they 
come  not  within  the  legal  definition  of  a  tax.  Thus  the 
fees  regulated  by  the  late  inspection  law  were  taxes,  the 
same  fees  now  attempted  to  be  established  by  proclama- 
tion cease  to  be  taxes  because  regulated  by  an  authority 
distinct  from  the  legislative  ;  but  are  their  nature  and 
effects  altered  by  these  two  different  modes  of  settlement  ? 
Should  an  act  of  Parliament  pass  for  the  payment  of  the 
identical  fees,  laid  to  be  paid  to  officers,  under  the  sole 
authority  of  the  judges  ;  according  to  Antillon's  doctrine, 


I 

.  if 


\ 

III 


m 


Y 

.« 


>iii  i- 


III 


I 


324  Charles  Carroll  of  Car rollton. 


>y 


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the  fees  thus  established  by  act  would  become  instantly 
taxes  ;  but  are  they  less  oppressive,  because  settled  by 
the  discretion  of  the  judges  ?  I  presume  to  think  them 
more  oppressive,  because  of  a  more  dangerous  tendency, 
particularly  from  a  disagreement  between  the  branches 
of  the  Legislature,  that  authority  may  interpose,  and  es- 
tablish the  very  fees,  and  along  with  them,  a  variety  of 
abuses  which  the  representatives  of  the  people  wish  to 
have  reformed.  "The  judges  are  not  governed  by  the 
law  of  Parliament,  they  have  no  authority  to  tax  the  sub- 
ject, but  their  allowance  of  fees  to  their  necessary  officers 
is  lawful — "  of  ancient  fees — admitted.  I  had  observed — 
**  It  does  not  appear  that  the  judges  have  ever  imposed  new 
fees  by  their  sole  authority." 

In  answer  to  this  Antillon  remarks  "  that  the  fees  when 
originally  allowed  were  neit\  and  the  allowance  being 
made  by  the  judges  therefore  they  originally  allowed 
new  fees,  and  if  fees  when  originally  taxed  were  new, 
they  have  not  ceased  to  be  taxes  in  consequence  of  the 
frequent  repetition  of  the  acts  of  payment  and  receipt, 
and  of  their  having  obtained  the  denomination  ancient 
fees."  It  will  be  proper  to  remind  Antillon  of  another 
observation  which  I  made  in  my  former  papers  on  this 
very  subject,  and  of  which  he  has  taken  no  notice.  The 
King  originally  paid  all  his  officers  out  of  his  own  revenue  ; 
the  subject  was  not  taxed  to  support  the  civil  establish- 
ment ;  in  extraordinary  emergencies,  as  foreign  or  civil 
wars  ;  tenths,  fifteenths,  and  other  impositions  were 
granted  by  the  common  Parliament  to  defray  extraordi- 
nary expenses.  It  was  consistent  with  the  principles  of 
the  constitution,  and  agreeable  to  justice,  that  the  King 
who  paid  all  his  officers  out  of  his  own  purse,  should  have 
the  right  of  ascertaining  their  salaries,  or  of  delegating 
that  right  to  his  judges.     The  ancient  fees  so  often  spoken 


;-.n 


■I-. 


Appendix  A. 


32, 


of,  were  those  perhaps,  which  the  King  formerly  paid, 
and  were  settled  by  the  judges,  I  say  perhaps,  for  in  a 
matter  so  obscure,  it  would  be  rash  to  pronounce  decis- 
ively. If  I  am  right  in  this  conjecture,  ancient  fees  were 
not  originally  taxes  because  not  paid  originally  by  the 
people. 

Ancient  usage^  according  to  Bacon,  gave  fees  an  equal 
sanction  with  an  act  of  Parliament  ;  upon  this  principle 
I  apprehend  that  such  fees  are  presumed  to  have  been 
originally  established  by  the  proper  authority,  although 
their  commencement  and  the  authority  which  imposed 
them  at  this  day  be  unknown — "  At  common  law,  none 
of  the  king's  officers  whose  offices,  did  any  ivay  concern 
the  administration  of  justice,  could  take  any  reward  for 
doing  their  office,  but  what  they  received  of  the  King — " 
These  words  are  sufficiently  comprehensive  to  take  in  all 
the  inferior  ministers  and  officers  of  the  courts  of  Justice. 
The  fee  of  20s.  commonly  called  the  bar  fee  was 
an  ancient  fee,  says  Coke,  taken  time  out  of  mind  by  the 
sheriff  of  every  prisoner  acquitted  of  felony  ;  *'  and  there- 
fore according  to  the  above  principle  laid  down  by  Bacon, 
acquired  an  equal  sanction  with  fees  established  by  law  ;  " 
an  office  *'  erected  for  the  public  good,  though  no  fee  is 
annexed  to  it,  is  a  good  office,  and  the  party  for  the  labor 
and  pains  which  he  takes  in  executing  it,  may  maintain 
a  quantum  meruit,  if  not  as  a  fee,  yet  as  competent  recom- 
pence  for  his  trouble."  This  clearly  relates  to  an  office 
newly  erected  ;  but  what  follows  seems  to  include  the 
unsettled  fees  of  all  offices  new  and  old.  "  Where  a  per- 
son was  libelled  in  the  ecclesiastical  court  for  fees,  upon 
motion,  a  prohibition  was  granted  for  no  court  has  a  power 
to  establish  fees  ;  the  judges  of  the  court  may  think  them 
reasonable,  but  this  is  not  binding."  But  if  on  a  quantum 
meruit — a  jury  thinks  them  reasonable,  then  they  become 


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established  fees  ; — probably  the  fees,  which  now  go  under 
the  denomination,  ancient  fees,  and  not  expressly  given 
by  act  of  Parliament,  were  originally  established  by  the 
verdict  of  a  jury,  and  their  having  been  long  allowed  by 
the  courts  of  justice,  may  be  deemed  presumptive  evi- 
dence of  such  establishment. 

The  method  of  reforming  abuses  in  the  courts  of  jus- 
tice by  the  presentment  of  experienced  practicers  upon 
oath,  appointed  by  the  judges,  to  incjuire  what  fees  had 
been  exacted  other  than  " ///^  ancient  and  usual  fees," 
seems  to  favor  this  conjecture.  In  the  year  1743  an  or- 
der was  made  in  chancery  by  Lork  Hardwicke  reciting, 
that  the  King,  upon  the  address  of  the  Commons,  had 
issued  his  commission  for  making  a  diligent  and  particu- 
lar survey,  and  view  of  all  officers  of  the  said  court,  and 
inquiring  what  fees  and  wages  every  one  of  these  officers, 
might,  and  ought  la^vfully  to  have  in  respect  of  their 
offices,  and  what  had  of  late  time  "  been  unjustly  and 
[unlawfully]  imposed  upon  the  subject,  etc."  **  Then  are 
added " — continues  Antillon,  "  tables  of  fees  of  the 
respective  offices,  and  among  the  fees  settled  by  this  or- 
der are  the  fees  of  the  master  of  the  rolls,"  who  advised 
and  assisted  the  chancellor  in  making  the  settlement. 
How  is  this  transaction  to  be  reconciled  with  the  doc- 
trine of  Hawkins,  **  that  the  courts  of  justice  are  not  re- 
strained from  allowing  reasonable  fees  to  their  officers,  as 
the  chief  danger  of  oppression  is  from  officers  being  left 
at  liberty  to  set  their  own  rates,  and  make  their  owfi  de- 
mands ? "  In  this  instance  certainly,  if  by  the  settlement 
aforesaid  an  imposition  of  new  fees,  and  not  an  authen- 
tication of  the  old  established  fees,  be  understood,  the 
master  of  the  rolls  was  advised  with,  and  assisted  in  set- 
ling  his  own  rates.  Is  this  proceeding  consonant  to  the 
principles  of  justice  ?     What  says   Hawkins  ?    **  There 


itP, 


■^  •"•^MI»SOw»3^»«Ju«i  r»i.yxatW\ 


A/ypcndix  A. 


327 


can't  be  so  much  fear  of  abuses  when  officers  are  re- 
strained to  known  and  stated  fees  settled  by  the  discretion 
of  the  courts,  because  the  chief  danger  of  oppression  etc." 
Should  the  judges  be  any  ways  interested  in  the  settle- 
ment '  of  their  officer's  fees,  would  not  the  reason  assigned 
by  Hawkins  for  the  interposition  of  their  authority,  in 
the  manner  explained  by  Antillon,  operate  most  forcibly 
against  the  exercise  of  it  ?  Would  it  for  instance  be 
agreeable  to  equity  and  natural  justice,  to  permit  the 
Secretary  of  this  Province  to  settle  the  fees  of  the  county 
clerks,  on  the  gross  amount  of  whose  lists  he  receives  a 
clear  tenth  ;  carry  the  case  a  little  farther  ;  suppose  the 
practice  had  long  prevailed  of  offering  the  Secretary  a 
genteel  present  on  every  grant  of  a  commission  for  a 
county  clerkship  ?  The  gratuity  would  probably  bear 
some  proportion  to  the  value  of  the  place  bargained  for. 
Do  the  judges  in  Westminster  Hall  receive  gratuities  on 
granting  offices  in  their  appointment  ?  If  they  do,  Haw- 
kins' reason  is  felo  de  se  ;  it  is  the  strongest  that  can  be 
urged  against  the  i)0wer,  which  it  is  meant  to  support. 
If  the  judges  have  an  interest  in  the  offices,  in  their 
disposal,  a  discretionary  power  to  allow  fees  to  their  offi- 
cers, is  in  some  measure  a  power  of  settling  their  own 
rates  and  making  their  oiun  demands.  Coke's  authority 
proves  most  clearly,  that  new  fees  annexed  to  old  offices 
are  taxes  ;  whether  the  fees  settled  by  proclamation  are 
new  fees  remains  to  be  considered  :  "  fees,"  says  Antillon 
"  may  be  due  without  a  precise  settlement  of  the  rates, 
and  the  right  to  receive  them,  may  be  coeval  with  the 
first  creation  of  the  offices,  as  in  the  case  of  our  old  and 
constitutional   offices  ;  when  such  fees  are  settled  they 

'  If  such  settlement  implies  a  discretionary  power  in  the  judges  to 
fix  the  precise  rates  to  be  paid  to  their  officers,  when  they  are  not  fixed 
by  ancient  usage,  the  verdict  of  a  jury,  or  by  Act  of  Parliament. 


1I 

i 
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328         Charles  Carroll  of  CarrolUon. 


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are  not  properly  new  fees,  and  therefore  a  regulation 
restraining  the  officer  from  taking  beyond  a  stated  sum 
for  each  service,  when  he  was  before  entitled  to  a  fee  for 
such  service  is  not  granting  or  annexing  a  new  fee  to  an 
old  office." 

The  question  therefore  is  now  reduced  to  these  two 
points — 1st,  Has  not  government  attempted  to  settle  the 
rates  of  officers*  fees  by  proclamation  ?  2dly,  Are  not 
fees  so  settled — new  fees  ?  If  they  are,  upon  Antillon's 
own  principle,  government  hath  no  right  to  settle  them. 
The  restraint  laid  on  officers,  by  the  Proclamation  from 
taking  other  or  greater  fees  than  allowed  by  the  late  regu- 
lation, can  be  considered  in  no  other  light  than  an  im- 
plied affirmative  allowance  to  take  such  fees,  as  were 
allowed  by  that  regulation,  and  of  cours:  must  be  deemed 
an  intended  settlement  of  the  rates.'  The  fees  payable  to 
our  old  and  constitutional  officers,  have  been  differently 
rated  by  different  acts  of  Assembly  ;  those  various  rates 
were  never  meant  to  be  extended  beyond  the  duration  of 
the  temporary  acts,  by  which  they  were  ascertained,  for 
one  principal  reason  of  making  those  acts  temporary,  we 
have  seen,  was  to  reduce  the  rates  occasionally,  and  to 
lessen  the  burthen  of  them.  On  the  expiration  therefore 
of  the  late  inspection  law,  the  regulation  of  officers*  fees 
expired  with  it,  that  is,  there  remained  no  obligation  on 
the  people  to  pay  the  rates  settled  by  that,  or  any  former 
regulation,  and  consequently  the  fees,  as  to  the  quantum 
or  precise  sum,  were  then  unsettled.  Government  enter- 
tained the  same  opinion,  and  issued  a  Proclamation  to 
ascertain  the  rates,  or  as  is  sometimes  pretended  to  pre- 
vent extortion,  because  the  rates  being  unsettled,  the 
officers  might  have  demanded  any  fees  j  the  fees  there- 

'  I  say  intended,  because   the  settlement  by  Proclamation  being 
illegal,  is  in  fact  no  settlement. 


l\\ 


Appendix  A. 


329 


fore,  not  being  settled  when  the  inspection  law  fell,  the 
settlement  of  ihetn  by  proclaniation  wasa  neu<  settlement, 
and  of  course  the  fees  so  settled  were  neu<y  but  new  fees, 
according  to  C'oke  cannot  be  annexed  to  old  otifices  un- 
less by  act  of  Parliament  ;  his  authority  therefore,  even 
as  explained  by  Antillon,  proves  that  a  settlement  by 
proclamation  of  fees  due  to  old  officers  is  illegal.  A 
mere  right  in  officers  to  receive  fees,  cannot  be  oppres- 
sive ;  the  actual  receipt  only  of  excessive  or  unreascmable 
fees  is  oppressive;  nrv\,  who  are  the  properest  judges 
whether  fees  be  excessive  or  moderate?  Officers  certainly 
are  nut,  the  same  objections  which  may  be  made  to  their 
decision,  apply  to  the  (Governor,  and  most  of  them  to  the 
judges  ;  juries  may  be  partial  or  packed. 

All  these  considerations  plead  strongly  for  a  legislative 
regulation,  which  is  liable  to  none  of  the  objections 
hinted  at.  The  doctrine  laid  down  by  Antillon  in  oppo- 
sition to  Coke's,  teems  with  mischief  and  absurdities — 
"  Old  officers  have  a  right  coeval  with  their  institution  to 
receive  fees,"  the  inference  therefore  "  when  their  fees 
are  not  ascertained  by  the  Legislature,  the  judges  may 
ascertain  them,"  is  by  no  means  logical,  it  contradicts  the 
most  notorious  and  settled  point  of  the  constitution,  it 
lodges  a  discretionary  power  in  the  judges  appointed  by 
the  Crown,  and  formerly  removable  at  pleasure,  to  im- 
pose excessive  fees,  and  consequently  to  oppress  the  sub- 
ject, without  a  possibility  of  redress,  should  the  King  or 
Lords  refuse  to  concur  with  the  Commons  in  passing  a 
law  to  moderate  the  rates,  and  to  correct  abuses. — *'  The 
governor  adopted  the  late  rates  as  the  most  moderate  of 
any." — If  he  might  have  adopted  any  other  rates,  \i\^ex- 
eeeding  lenity  deserves  our  warmest  thanks  ;  but  then 
we  are  more  indebted  to  his  indulgence,  than  to  the  limi- 
tation of  prerogatives  ;  we  cannot  therefore  be  said  to 


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330 


Charles  Carroll  of  Carrollton. 


enjoy  true  liberty,  "  for  that,"  (as  Blackstone  just)y  ob- 
serves) "consists  not  so  much  in  the  gracious  behaviour, 
as  in  the  limited  power  of  the  Sovereign." 

According  to  Antillon — "  The  late  regulation  of  fees 
expiring  with  the  temporary  act,  the  governor's  authority 
to  settle  the  rates  revived,"  and  he  insinuates  that,  it  was 
optional  in  him  to  adopt  the  rates  of  the  late,  or  of  any 
prior  regulation,  or  even  to  prescribe  rates  entirely  new. 
*'  If  the  old  and  constitutional  officers  have  a  right  to  re- 
ceive fees,  have  they  not,  it  may  be  asked,  a  remedy  to 
come  at  that  right,  and  if  so,  what  remedy  ?  "  The  remedy, 
which  the  constitution  has  given  to  every  subject  under 
the  protection  of  the  laws.  If  a  contest  should  arise 
between  the  officer  and  the  person  for  whom  the  service 
is  done,  about  the  quantum  of  the  recompence,  the  former 
must  have  recourse  to  the  only  true  and  constitutional 
remedy  in  that  case  provided,  the  trial  by  jury.  Among 
other  great  objections  to  the  Proclamation,  at  least  to 
Antillon's  defence  of  it,  are  his  endeavors  to  set  aside 
that  mode  of  trial,  the  best  security  against  the  encroach- 
ments of  power,  and  consequently  the  firmest  support  of 
liberty.  The  person,  who  calls  himself  Antillon,  has  filed 
a  bill  in  chancery  for  the  recovery  of  fees,  principally 
due  for  services  done  at  common  law  ;  by  appealing  to 
the  court  of  chancery,  of  which  the  governor  is  sole 
judge,  and  in  whom,  he  contends,  the  mW.  to  ordain  the 
rates,  and  the  power  to  enforce  them  are  lodged,  he  has 
endeavored  to  establish  a  tyranny  in  a  land  of  freedom.' 
In  answer  to  the  declaration  of  Chief  Justice  Roll,  I 
shall  give  the  declaration  of  a  subsequent  chief  justice, 
of  greater,  at  least,  of  equal  authority.  The  case  I  allude 
to  is  reported  by  Lord  Raymond,  Vol.  I.  p.  703,     It  was 

'  See  the  Governor's  answer  to  tlie  address  of  the   House  of  Dele- 
gates in  1 77 1, 


rJ>4"^**»i*'*^^    -*'W^i!WrT 


Appendix  A. 


11^ 


attested  by  council  that  the  court  of  King's  Bench,  or 
judge  of  assize  respectively,  would  exert  their  authority 
and  commit  persons  refusing  to  pay  fees  due  to  the  old 
officers  of  the  courts,  and  that  this  was  ihe  constant  prac- 
tice. "  But  Hole,  chief  justice  said,  he  knew  of  no  such 
practice  ;  he  could  not  commit  a  man  for  not  paying  the 
said  fees.  If  there  is  a  right,  there  is  a  remedy  ;  an  in- 
dtbitatiis  assumpsit  wi'l  lie,  if  the  fee  is  certain,  if  uncer- 
tain, a  qnantum  tneyuii  —"  and  in  both  instances,  a  jury 
is  to  be  judge.  From  hence  it  may  be  collected,  that 
when  the  fees  claimed  by  the  old  and  constitutional 
officers  were  unascertained  recourse  was  had  to  a  jury,  that 
their  verdict  might  ascertain  them.  When  fees  are  due  to 
old  officers,  and  not  settled  bv  the  Legislature,  a  jury 
only,  upon  the  principles  of  our  constitution  can  settle 
them. 

The  uniform  practice  of  the  courts  cannot  establish  a 
doctrine  inconsistent  with  those  principles.  "  If  on  en- 
quiry into  the  legality  of  a  custom,  or  usage,  it  appears  to 
have  been  derived  from  an  illegal  source,  it  ought  to  be 
abolished  ;  if  originaUy  invalid,  length  of  time  will  not 
give  it  efficacy."  It  has  been  already  noticed  that  the 
authority  exercised  by  the  judges  of  settling  fees,  that  is, 
ot  asc'^rtaining  the  ancient  and  legal  fees,  in  pursuance  of 
a  commission  issued  by  the  King,  on  the  address  of  the 
House  of  Commons,  is  very  different  from  the  authority 
now  set  up,  of  settling  fees  Ijy  proclamation,  issued  con- 
trary to  the  declared  sentiments  of  the  Lower  House  of 
Assembly  ;  if  judges  in  this  Province  may  settle  fees 
because  the  judges  in  England  have  settled  them,  in  the 
manner  above-mentioned,  where  was  the  necessity  of  as- 
certaining fees  by  proclamation  ?  Was  it  to  influence 
and  guide  the  decision  of  our  judges?  If  they  have  a 
right  to  exercise  their  own  judgment  in  settling  fees,  in 


i 


./ 


ii 


fiji 


1" 


nil 


\} 


M' 


332         Charles  Carroll  of  Carrollton. 


v\ ' 


t   t     '  :     i 


iV 


\   M 


f     !       <       11-    I 


iS>''lA' 


I  i 


fact,  in  imposing  them,  why  was  a  standard  held  up  by 
the  supreme  magistrate  for  their  direction  ?  In  setting 
up  that  standard,  is  it  not  notorious,  that  he  was  advised, 
and  principally  guided  by  the  very  man  who  is  most 
benefited  by  that  illegal  settlement  ?  Notwithstanding 
the  misrepresented  power  of  the  English  judges  to  regu- 
late fees,  and  the  different  orders  of  the  courts  in  West- 
minster Hall  for  restraining  the  exaction  of  illegal  fees, 
the  encroaching  spirit  of  office  had  rendered  all  the  pre- 
cautions of  the  judges  ineffectual  ;  insomuch,  that  the 
Commons  m  the  year  1730  were  obliged  to  take  the  mat- 
ter under  their  own  consideration.  I  mentioned  in  a  for- 
mer paper  that  transaction.  In  consequence  of  the  enquiry 
a  report  was  made  by  the  committee  in  1732  to  the  House 
of  Commons,  from  which  I  gave  some  extracts  in  ''oy 
first  answer  to  Antillon.  It  appears  from  the  rep  ?, 
"  That  orders  had  been  sometimes  made  for  the  officers 
to  hang  up  publickly  lists  of  their  f*^es,  most  of  which 
lists  are  since  withdrawn,  or  have  been  suffered  to  decay 
and  become  useless  ;  that  the  officers  themselves  seemed 
often  doubtful  what  fees  to  claim,  and  most  of  them  relied 
upon  no  better  evidence  than  some  information  from 
their  predecessors,  that  such  fees  had  been  demanded 
and  received."  It  is  hereby  evident,  that  the  regulation 
of  officers  fees  had  been  long  neglected,  that  in  conse- 
quence of  such  neglect  excessive  abuses  had  crept  into 
practice,  and  had  grown  from  length  of  time  into  a  kind 
of  established  rights  ;  that  a  thorough  discovery  and 
reformation  of  those  abuses  required  more  time  and  at- 
tention than  the  Commons  could  spare  from  more  impor- 
tant objects.  As  well  might  they  have  attempted  to 
cleanse  the  Augean  stables,  a  work,  which  the  strength 
only  of  a  Hercules  could  accomplish  ;  disgusted  with  the 
tediousness  and  intricacy  of  the  inquiry,  they  probably 


1C^^»i'«faW«iM-  V 


Appendix  A. 


^}>l 


chose  to  refer  the  correction  of  abuses  to  the  judges,  men 
of  integrity,  and  best  acquainted  wilh  the  practices  of 
their  own  officers,  and  of  course  best  qualified  to  reform 
them. 

It  is  asserted  by  Antillon  that  the  legislative  provisions 
do  not  extend  to  any  considerable  proportion  of  the  fees 
of  ofificers  and  therefore,  that  by  far  the  greatest  part  of 
officers*  fees  hath  been  settled  by  allowance  of  the  courts, 
and  not  of  statutes — this  fact  may  be  admitted,  and  the 
inference  he  would  draw  from  it  be  denied  ;  that  judges 
have  allowed  fees  to  their  officers  in  the  first  instance, 
without  the  intervention  of  a  jury  to  ascertain  them.  If 
the  judges  have  acted  thus,  they  have  certainly  assumed 
a  power  contrary  to  the  Petitioi:  of  Right,  contrary 
to  this  first  and  most  essential  principle  of  the 
constitution,  *'  that  the  subject  shall  not  he  compelled 
to  contribute  to  any  tax,  tallage,  aid  or  other  like 
charge,  not  set  by  common  consent  in  Parliament."  All 
levies  of  money  from  the  subject  by  way  of  loan  or 
benevolence,  are  also  cautiously  guarded  against  by  the 
Petition  of  Right.  The  very  putting  or  setting  a  tax  on 
the  people,  though  not  levied,  has  been  declared  illegal  ; 
even  a  voluntary  imposition  on  merchandize — granted  by 
the  merchants,  without  the  approbation  of  Parliament, 
gave  umbrage  to  the  Commons,  was  censured  and  con- 
demned. **  This  imposition  though  it  were  not  set  on  by 
assent  of  Parliament,  yet  it  was  not  set  on  by  the 
King's  absolute  power,  but  was  granted  to  them  by  the 
merchants  themselves,  who  were  to  be  charged  with  it.  So 
the  grievance  was  the  violation  of  the  right  of  the  peoi)le 
in  setting  it  on  without  their  assent  in  Parliament,  not  the 
damage  that  grew  by  it,  for  that  did  only  touch  the  mer- 
chants^ who  could  not  justly  complain  thereof,  because  it 
was  their  own  act  and  grant."    Petyt  parliam:  p.  368-369. 


i 


M 


I  t 


\A 


:ii)i 


11 

■  n  '1 


f  '     "   ! 


l\ 

'.;■' 

'i 


il 


\\  I 


334  Charles  Carroll  of  Carrollton. 

A  tax  may  be  defined  a  rate,  settled  by  some  publick 
charge,  upon  lands,  persons  or  goods.  By  the  English 
constitution  the  power  of  settling  the  rate  is  vested  in  the 
Parliament  alone,  and  in  this  province  in  the  General 
Assembly. 

Representation  has  long  been  held  to  be  essential  to 
that  power,  and  is  considered  as  its  origin  ;  upon  this 
principle  the  House  of  Commons,  who  represent  the 
whole  body  of  the  people,  claim  the  exclusive  right  of 
framing  money  bills,  and  will  not  suffer  the  Lords  to 
amend  them.  The  regulation  of  officers'  fees  in  Mary- 
land has  been  generally  made  by  the  Assemblies.  The 
authority  of  the  Governor  to  settle  the  fees  of  officers 
has  twice  only,  as  we  know  of,  interposed,  but  not  then, 
without  meeting  with  opposition  from  the  delegates,  and 
creating  a  general  discontent  among  the  people,  a  sure 
proof  that  it  has  always  been  deemed  dangerous  and 
unconstitutional.  The  fees  of  officers,  whether  imposed 
by  A:*"  of  Assembly,  or  settled  by  proclamation,  must  be 
considered  as  p  publick  charge,  rated  upon  the  lands, 
persons  or  goods  of  every  inhabitant  holding  lands,  or 
possessed  of  property  within  this  Province.  That  they 
h?.vebeen  looked  upon  as  such  by  tlie  officers  themselves, 
is  evident  from  their  lodging  lists  of  their  respective  fees 
with  <"he  deputies  from  this  Province  to  the  Congress  at 
New  York,  who  might  thereby  be  enabled  to  make  known 
to  his  majesty,  and  to  the  Parliament,  the  great  expence 
of  supporting  our  civil  establishment.  The  author  of  the 
"Considerations"  once  entertained  the  same  idea,  but 
such  is  the  versatility  of  his  temper,  such  his  contempt 
of  consistency,  that  he  changes  his  opinions,  and  his 
principles,  with  as  little  ceremony  as  he  would  change 
his  coat.  Speaking  of  the  sundry  charges  on  tobacco — 
"  The  planter  "   (says  he)  **  pays  a  tax  at  least  equal  to 


<( 


Appendix  A. 


r:^^ 


^U 


what  is  paid  by  any  farmer  of  Great  Britain  possessed  of 
the  same  degree  of  property,  and  moreover  the  planter 
must  contribute  to  the  support  of  the  expensive  internal 
government  of  the  colony  in  which  he  resides."  Now,  the 
support  of  civil  officers,  unquestionably  constitutes  a 
part  of  that  expence — he  then  refers  to  the  appendix, 
where  we  meet  with  the  following  note.  "  The  atten- 
tive reader  will  observe,  that  the  nett  proceeds  of  a 
hogshead  of  labacco  at  an  average  are  ^£^  and  the  taxes 
3p^ — Quaere — how  much  per  cent,  does  the  tax  amount 
to  which  takes  from  the  two  wretched  tobacco  colonies 
3^  out  of  every  7^ — and  how  deplorable  must  their 
circumstances  appear  when  their  vast  debt  to  the  mother 
country  and  the  annual  burthen  of  their  civil  establishments 
are  added  to  the  estimate." 

Impressed  with  the  same  idea  were  the  conferrees  of 
the  Upper  House  in  the  year  177 1  In  their  message  of 
the  20th  of  November  they  assert  "  Publick  offices  were 
doubtless  erected  for  the  benefit  of  the  community,  and 
for  the  same  purpose  are  emoluments  given  to  sunport 
them."  All  taxes  whatever  are  supposed  to  be  imi)osed 
and  leviei  for  the  benefit  of  the  community.  If  then 
fees  are  taxes,  or  such  like  charges,  it  may  be  asked,  how 
came  Parliament  to  place  such  confidence  in  the  judges 
as  to  suffer  them  to  exercise  a  power,  of  which  those 
Assemblies  have  always  been  remarkably  tenacious,  and 
which  is  competent  to  them  only  ?  I  might  answer  this 
question  by  asking  another  ;  how  came  r^any  unconsti- 
tutional powers  to  be  exercised  by  the  Crown,  and  suffered 
by  Parliament  ?  for  instance,  the  dispensing  power — the 
answer  is  obvious  ;  it  required  the  wisdom  of  ages,  and 
the  accumulated  efforts  of  patriotism,  to  bring  the  con- 
stitution to  its  present  point  of  perfection  ;  a  thorough 
reformation  could  not  be  effected  at  once  ;    upon   the 


Ml 


\{ 


MA 

m 


>m 


i^fi 


I 


I  ' 


(■  1,  1  i. 


/• 


f; 


i^ 


336  C/iar/es  Carroll  of  Cayrollton. 

whole,  the  fabrick  is  stately  and  magnificent,  yet  a  per- 
fect symmetry,  and  correspondence  of  parts  is  wanting  ; 
in  some  places,  the  pile  appears  to  be  deficient  in  strength 
in  others  the  rude  and  unpolished  taste  of  our  Gothic 
ancestors  is  discoverable — ''''hodicque  vianuet  vestigia  ri/ris." 
It  does  not  appear  in  many  instances,  upon  what  occa- 
sions, and  in  what  manner,  the  judges  have  allowed  fees 
to  their  officers — that  is,  have  permitted  them  to  take 
fees,  not  before  settled  by  law,  usage,  or  the  verdict  of 
a  jury.  The  power  if  conclusive  on  the  subject,  and  if 
exercised  in  the  manner  explained  by  Antillon,  is  unjusti- 
fiable and  may  be  placed  among  those  contradictions, 
which  formerly  subsisted  in  the  more  imperfect  state 
of  our  constitution,  and  of  which  some  few  remain  even 
unto  this  day.  How  it  came  to  be  overlooked  by  Parlia- 
ment may  be  accounted  for  somewhat  after  this  manner. 
The  liberties,  which  the  English  enjoyed  under  their  Saxon 
Kings,  were  wrested  from  them  by  the  Norman  conquerer  ; 
that  invader  entirely  changed  the  ancient  constitution 
by  introducing  a  new  system  of  government,  new  laws,  a 
new  language  and  new  manners.  I'he  contests,  which 
some  time  after  ensued  between  the  Plantagenets,  and 
the  barons,  were  struggles  between  monarchy  and  aristoc- 
racy, not  between  liberty  and  prerogative  :  the  common 
l)eople  remained  in  a  state  of  the  most  abject  slavery,  a 
prey  to  both  parties,  more  oppressed  by  a  number  of  petty 
tyrants  than  they  probably  would  have  been  by  the  un- 
controuled  power  of  one. 

Towards  the  close  of  the  long  reign  of  Henry  the  3rd 
we  meet  with  the  first  faint  traces  of  a  House  of  Com- 
mons ;  that  house,  which  in  process  of  time,  became  the 
most  powerful  branch  of  our  national  assemblies,  which 
gradually  rescued  the  people  from  aristocratical,  as  well 
as    from   regal    tyranny,  to  which  we  owe  our  present 


i 


:  a  per- 
anting  ; 
strength 

Gothic 
a  rurisy 
at  occa- 
kved  fees 

to  take 
jrdict  of 
t,  and  if 
1  unjusti- 
dictions, 
ect  state 
lain  even 
ly  Parlia- 

manner. 
eir  Saxon 
nquerer  ; 
iistitution 
laws,  a 

ts,  which 

ets,  and 
aristoc- 

common 

avery,  a 
of  petty 
the  un- 

y  the  3rd 
of  Com- 
came  the 
;s,  which 
1,  as  well 
present 


Appendix  A. 


m 


excellent  constitution,  derived  its  first  existence  from  an 
usurper  '   Edward  the  First  has  merited  the  appellation 
of  the  English  Justinian  by  the  great  improvements  of 
the  law,  and  wise  institutions  made  in   his  reign.     He 
renewed  and  confirmed  the  great  charter,  and  passed  the 
famous  statute,  de  tallagio  non  concedendo,  against  the  im- 
position of,  and  levying  taxes  without  consent  of  Parlia- 
ment.    Within  the  meaning  of  which  act,  says  Coke,  are 
new  fees  annexed  to  old  offices.     Have  any  new  fees 
been  annexed  to  old  offices  since  that  period  by  the  sole 
authority  of  the  judges  ?  or  have  they  increased  the  old 
and  established  fees  ?  if  either,  they  have  certainly  acted 
against  law.     If  Coke  was  of  opinion,  that  the  judges  had 
a  discretionary  power  to  settle  the  fees  of  old  offices,  it  is 
most  surprising  he  did  not  intimate  as  much  in  his  com- 
ment on  this  statute,  so  often  quoted.     He  not  only  ought 
to  have  declared  his  opinion  on  that  occasion,  but  also 
to  have  shewn  the  difference  between  a  settlement  of 
fees  due  of  old  and  constitutional  offices  and  the  an- 
nexing new  fees  to  old  offices.     I  believe  it  would  have 
puzzled  him,  as  much   as  it  has  Antillon,  to  shew  the 
difference  ;    in  reality,  there  is  none,  they  are  but  dif- 
ferent names  for  the  same  thing.     Although  the  neces- 
sities of  Edward,  and  the  exigency  of  the  times,  forced 
him  to  submit  to  those  limitations  of  prerogative,  he  fre- 
quently broke   through    them  ;    from   whence   we   may 
conclude,  that  public  liberty  was  imperfectly  understood 
in  that  rude  and  unlettered  age,  and  little  regarded  by  a 
prince   impatient    of    restraint,    and   fond   of    arbitrary 
power,  though  inclined  to  dispense  equal  justice  among 
his  subjects.     The  fatal  catastrophe  of  his  son,  and  the 
causes  which  occasioned  it,  are  well  known.     In  those 
'Simon  Montfort,  Earl  of  Leicester.      Vide  ist  vol.  Parliamentary 
History. 


VOL.  1—22 


lit 


r 


i 


VA 


\.\\ 


\\\ 


I  i 


I  ; 

1      i| 


^i 


wmmm 


ar 


A 


!  >; 


338  Charles  Carroll  of  Carrollton, 

times  of  discord  and  distraction,  the  greatest  enormities 
were  committed  by  the  very  men,  who  under  the  pre- 
tence of  reforming  abuses,  sought  to  promote  their  own 
l)ower. 

Equally  unfortunate,  and  equally  unfit  for  improving 
the  constitution,  was  the  reign  of  Richard  the  2nd. 
Hume  teaches  us  what  idea  we  ought  to  form  of  the 
English  government  under  Edward  the  3rd — **  Yet  on 
the  whole  it  appears  that  the  government  at  best  was 
only  a  barbarous  Lnonarchy,  not  regulated  by  any  fixed 
maxims,  nor  bounded  by  any  certain  undisputed  rights, 
which  were  in  practice  regularly  observed.  The  King 
conducted  himself  by  one  set  of  principles,  the  barons 
by  another,  the  commons  by  a  third,  the  clergy  by  a 
fourth  ;  all  these  systems  of  government  were  contrary 
and  incompatible :  each  of  them  prevailed  according  as 
incidents  were  favorable  to  it."  This  short  historical 
deduction  may  seem  foreign  to  my  subject,  but  it  really 
is  not.  The  frequent  and  bare-faced  violations  of  laws 
favorable  to  the  people,  the  pardoning  of  offences  of  the 
deepest  dye,  committed  by  men  of  the  first  distinction, 
or  the  inability  to  punish  the  offenders,  the  curruption 
and  venality  of  the  judges,  all  tend  to  discover  that 
practices  as  subversive  of  liberty,  as  a  discretionary 
power  in  the  judges  to  impose  fees,  went  unnoticed,  or 
remained  unredressed.  From  the  deposition  of  Rich- 
ard the  2nd  to  the  battle  of  Bosworth,  the  English  were 
continually  involved  in  wars,  foreign  or  domestic. 
Silent  leges  inter  artna. 

We  may  presume,  during  that  period,  the  courts  of 
justice  were  but  little  frequented,  and  the  business  trans- 
acted in  them  inconsiderable  ;  from  whence  we  may 
infer,  that  the  rules  of  practice,  and  orders  established 
by  the  judges  in  their  courts  being  slightly  known  to  the 


•n    1 


Appendix  A. 


339 


nation  at  large,  escaped  the  notice  of  Parliament,  in  a 
time  of  general  poverty,  and  confusion.  Freipient  in- 
surrections disturbed  the  peace  of  Henry  the  7th.  The 
first  Parliament  of  his  reign  was  chiefly  composed  of  his 
creatures,  devoted  to  the  house  of  Lancaster,  and  obse- 
quious to  their  sovereign's  will.  The  2nd  Parliament 
was  so  little  inclined  to  inquire  into  the  abuses  of  the 
courts  of  law,  or  into  any  other  grievances,  that  the 
Commons  took  no  notice  of  an  arbitrary  taxation,  which 
the  king  a  little  before  their  meeting,  had  imposed  on 
his  subjects.  His  whole  reign  was  one  continued  scene 
of  rapine  and  oppression  on  his  part,  and  of  servile  sub- 
mission on  that  of  the  Parliament,  "  In  vain  (says 
Hume)  did  the  people  look  for  protection  from  the  Par- 
liament :  that  assembly  was  so  overawed,  that  at  this 
very  time,  during  the  greatest  rage  of  Henry's  oppression 
the  Commons  chose  Dudley  their  speaker,  the  very  man, 
who  was  the  chief  instrument  of  his  oppressions." 
Henry  the  8th  governed  with  absolute  sway  ;  Parliaments 
in  that  prince's  time,  were  more  disposed  to  establish 
"  tyranny  than  to  check  the  exercise  of  unconstitutional 
powers  "  '  During  the  reigns  of  Edward  the  6th,  Mary 
and  Elizabeth,  these  assemblies  were  busily  engaged  in 
modelling  the  national  religion  to  the  Court  standard  ; 
their  obsequiousness  in  conforming  to  the  religion  of 
the  prince  upon  the  throne,  at  a  time,  when  the  nation 
was  most  under  religious  influence,  leaves  us  no  room  to 
expect  a  less  compliant  temper  in  matters  of  more  indif- 
ference. In  truth  ;  under  the  Tudors,  Parliaments  gen- 
erally acted  more  like  the  instruments  of  power,  than 
the  guardians  of  liberty. 

The  wise  administration  of  Elizabeth  made  her  people 

'  An  act  was  passed  in  his  reign  to  give  proclamations  the  force  of 
law. 


;l.l 


m 


I 


!      I 

\     ; 


mm 


340         CJuirles  Carroll  of  C  arrollton. 


"I 


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t  !^ 


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happy.  Commerce  began  to  flourisli,  a  spirit  of  industry 
and  enterprise  seized  the  nation  ;  it  grew  wealthy,  and 
law,  the  usual  concomitant  of  wealth,  increased.  "  In  the 
40th  year  of  her  reign,  a  i)rcsentment  upon  oath  of  15 
persons  for  the  better  reformation  of  sundry  exactions 
and  abuses  supposed  to  be  committed  by  the  officers, 
clerks,  and  ministers  in  the  high  Court  of  Chancery  was 
shewed  to  the  Committee  "  (appointed  by  the  House  of 
Commons  in  1739,  to  inquire  into  the  abuses  of  the 
courts  of  law  and  equity),  "  by  which  presentment  it 
plainly  api)eared  who  were  the  officers  of  the  Court  at 
that  time  and  what  were  their  legal  fees."  It  appears 
from  the  same  report,  that  the  officers  of  the  Court  of 
Chancery  had  exceedingly  increased  since  the  40th  year 
of  Elizabeth  to  that  time,  by  patents  and  grants,  and  in 
consequence,  I  suppose,  of  the  increased  business  of  the 
Court.  It  likewise  appears  from  the  report  aforesaid, 
that  commissions  had  frequently  issued  in  former  times 
to  inquire  into  the  behaviour  of  the  officers  in  the  courts 
of  justice,  with  power  to  correct  abuses.  The  enrolnifjnt 
of  two  such  commissions  in  the  reign  of  James  the  ist, 
and  four  in  the  reign  of  Charles  the  ist,  were  produced 
to  the  committee,  but  they  certify  that  no  such  commis- 
sion had  issued  since  the  Reformation. 

During  the  reign  of  Charles  the  2nd,  Parliaments  were 
sedulously  employed  in  composing  the  disorders  conse- 
quent on  the  civil  wars,  healing  the  bleeding  wounds  of 
the  nation,  and  providing  remedies  against  the  fresh  dan- 
gers with  which  the  bigotry  and  arbitrary  temper  of  the 
king's  brother  threatened  the  constitution.  Since  the 
Revolution  Parliaments  have  relaxed  much  of  their  an- 
cient severity  and  discipline.  Gratitude  to  their  great 
deliverer,  and  a  thorough  confidence  in  the  patriotic 
princes  of  the  illustrious  house  of  Brunswick  have  ban- 


\  U    ' 


■'  \. 


Appendix  A. 


ill 


341 


ished  from  the  majority  of  those  assemblies  all  fears  and 
jealousies  of  an  unconstitulional  influence  in  the  Crown. 
Parsimonious  grants  of  public  money  have  grown  into 
disuse  ;  a  liberality  bordering  upon  profuseness  has 
taken  place  of  a  rigid  and  austere  economy  ;  compla- 
cence and  compliment  have  succeeded  to  distrust  and  to 
Parliamentary  inquiries,  into  the  conduct  and  to  impeach- 
ments of  ruHfif;  ministers.  While  Parliaments  continue 
to  repose  this  unbounded  confidence  in  his  Majesty's 
servants,  we  must  not  expect  to  see  them  very  solicitous 
to  lessen  the  profits  of  officers  appointed  by  the  Crown. 
Political  writers  in  England  have  comi)lained  bitterly  of 
the  vast  increase  of  officers,  placemen,  and  i)ensioners, 
and  to  that  increase  have  principally  ascribed  an  irresisti- 
ble influence  in  the  Crown  over  those  national  councils. 
Will  any  impartial  man  pretend  to  say  that  these  com- 
plaints are  altogether  groundless  ?  exaggerated  they  may 
be.  Let  us,  my  countrymen,  profit  by  the  errors  and 
vices  of  the  mother  country  ;  let  us  shun  the  rocks,  on 
which  there  is  reason  to  fear  her  constitution  will  be 
split.  The  liberty  of  Englishmen,  says  an  admired  writer, 
can  never  be  destroyed  but  by  a  corrupt  Parliament,  and 
a  Parliament  will  never  be  corrupt  if  government  be  not 
supplied  with  the  means  of  corrupting.  Among  these 
various  means,  we  may  justly  rank  a  number  of  lucrative 
places  in  the  disposal  of  the  Crown. 

A  member  '  of  the  House  of  Commons  speaking  on 
this  very  subject,  before  the  House,  expressed  himself  in 
the  following  manner  :  *'  But  the  Crown  having  by  some 
means  or  other  got  into  its  possession  the  arbitrary  dis- 
posal of  almost  all  offices  and  places,  ministers  soon 
found  that  the  more  valuable  those  offices  and  places 

'  Edward  Southwell,  Esq.  ;  vide  Debates  of  the  House  of  Com- 
mons for  the  year  1744,  anno.  18  George  2d. 


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342         Charles  Carroll  of  Carrollton. 


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were,  the  more  //lei'r  power  would  be  extended  ;  there- 
fore, they  resolved  to  make  them  lucrative  as  well  as 
honourable,  and  from  that  time  they  have  been  by  de- 
grees increasing  not  only  the  number  of  offices  and 
places,  but  also  the  profits  and  perquisites  of  each." 
*'  Not  only  large  salaries  have  been  annexed  to  every 
place  or  office  under  government,  but  many  of  the  offi- 
cers have  been  allowed  to  oppress  the  subject  by  the  sale  of 
places  under  them,  and  by  exacting  extravagant  and  unrea- 
sonable fees,  which  have  been  so  long  suffered  that  they  are 
now  looked  upon  as  the  legal  perquisites  of  the  office, 
nay,  in  many  offices  they  seem  to  have  got  a  customary 
right  to  defraud  the  public,  and  we  know  how  careful 
some  of  our  late  ministers  have  been  io prevent  or  defeat 
any  Parliamentary  inquiry  into  the  conduct  and  management 
of  any  office." 

I  am  inclined  to  think  that  some  of  our  former  As- 
semblies foresaw  the  great  power,  which  the  offices 
established  in  this  province  for  the  futherance  of  justice, 
and  administration  of  government,  would  sooner  or  later 
throw  into  the  hands  of  the  persons  invested  with  those 
offices  ;  a  little  foresight  might  have  discovered,  that 
their  incomes  would  increase  amazingly  with  the  rapid 
increase  of  population,  trade,  and  law.  Aware  of  the 
danger  they  wisely  determined  to  provide  a  timely 
remedy,  and  fell  upon  the  true,  and  only  expedient,  by 
passing  temporary  laws  for  the  limitation  of  officers  fees, 
not  by  delegating  that  most  important  trust  to  judges 
removable  at  pleasure,  liable  to  be  swayed,  perhaps,  dis- 
posed to  overlook  the  evil  practices  of  their  officers,  and 
even  to  countenance  "  the  new  invented  and  colourable 
charges  of  combined  interest  and  ingenuity"  I  have  men- 
tioned the  great  abuses,  which  had  inff.ted  the  courts  of 
justice  in  England,  the  methods  these  pursued  to  correct 


Appe7idix  A. 


343 


0  1  'I 


them,  and  to  prevent  the  exaction  of  new  and  illegal  fees, 
and  the  long  interruption  of  those  methods,  or  inquiries. 

The  grievance  had  become  so  intolerable  that  the 
Commons  were  at  last  forced  to  take  cognizance  of  it 
themselves  ;  from  the  necessity  of  their  interposition, 
either  a  neglect  in  the  judges  to  reform  abuses,  or  a  want 
of  power  is  deducible  ;  and  hence  this  other  inference 
may  be  drawn,  that  a  law,  limiting  the  fees  of  officers,  is 
the  best  method  of  preventing  their  encroachments  and 
illegal  practices.  Notwithstanding  the  late  law  many 
abuses  had  been  committed  by  officers  in  the  manner  of 
charging  their  fees  under  that  law.  These  abuses,  if  the 
Proclamation  should  be  enforced,  will  continue,  and  go 
on  increasing  till  they  become  insupportable  to  a  free 
people,  or  the  people  be  enslaved  by  a  degenerate  and 
abject  submission  to  that  arbitrary  exertion  of  preroga- 
tive. The  necessities  of  the  English  kings,  which  con- 
strained them  to  have  frequent  recourse  to  Parliamentary 
aids,  first  gave  rise  to,  then  gradually  secured,  the  liberty 
of  the  subject.  In  this  Colony,  government  is  almost 
independent  of  the  people.  It  has  nothing  to  ask  but  a 
provision  for  its  officers  ;  if  it  can  settle  their  fees  without 
the  interposition  of  the  Legislature,  administration  will 
disdain  to  owe  even  that  obligation  to  the  people.  The 
delegates  will  soon  lose  their  importance,  government 
will  every  day  gain  some  accession  of  strength  ;  we 
have  no  intermediate  state  to  check  its  progress  ;  the 
Upper  House,  the  shadow  of  an  aristocracy,  being  com- 
posed of  officers  de])endent  on  the  Proprietary  and  re- 
movable at  pleasure,  will,  it  is  to  be  feared,  be  sujjservient 
to  his  pleasure  and  command. 

I  shall  now  proceed  to  examine  Antillon's  answer  to  my 
former  arguments  against  the  power  of  regulating  fees  by 
proclamation.  The  whole  force  of  his  first  answer  depends 


ill 


\^ 


\\ 


344         Charles  Carroll  of  Carrollton. 


n!' 


ii'. 


!:■. 


II 


(  »• 


,  i 


v1. 


on  the  revival  of  the  authority,  which  he  contends  existed 
before  the  enaction  of  the  temporary  law  ;  if  that  authority 
is  illegal,  it  did  not  exist,  and  consequently  could  not  re- 
vive. The  reasons  already  assigned  prove  the  illegality. 
2nd  Answer  :  **  Parliament  may  have  peculiar  motive, 
&c.  &c."  Parliament  it  is  true,  may  have  many  motives 
for  settling  fees  in  various  instances.  To  preclude  a 
discretionary  power  in  the  judges,  incompatible  with  the 
spirit  of  our  constitution,  and  to  obviate  the  inconven- 
iences resulting  from  uncertainty,  and  endless  litigation, 
should  induce  Parliament  to  settle  the  fees  in  every 
instance.  The  notion  of  the  judges  and  the  Parliament 
having  a  co-ordinate  power,  which  might  clash,  was  never 
entertained  ;  from  the  absurdity  of  two  co-equal  powers 
subsisting  in  the  same  state,  a  subordination  of  the  judges 
to  Parliament  was  inferred  ;  but  if  mercenary  officers,  or 
an  artful  intriguing  minister,  by  obstructing  a  legislative 
regulation  of  fees,  may  leave  the  power  of  the  judges 
uncontrolled  by  Parliament,  and  at  liberty  to  act,  then  do 
I  insist,  that  the  authority  of  Parliament  to  regulate  fees 
may  be  rendered  altogether  useless  and  nugatory. 

3rd  Answer :  "  I  might  in  my  turn  suppose  &c.,  &c." 
Thus  may  the  most  insolent,  profligate,  and  contemptible 
Minister,  that  ever  disgraced  a  nation,  or  the  prince, 
suppose  every  opposition  to  his  measures  flows  from  sim- 
ilar motives.  I  argue  not  upon  supposition,  but  from 
facts.  The  late  regulation  of  fees  was  unequal,  therefore 
unjust.  A  planter  paid  20s  for  the  same  service,  which 
cost  the  farmer  only  10  s.  To  place  all  the  subjects  on 
equal  footing  was  doing  equal  justice  to  all ;  it  was 
bringing  back  the  law  to  its  true  spirit  and  original  intent. 
Abuses  had  crept  into  practice,  owing  either  to  design, 
or  to  a  misconception  of  the  act,  or  to  a  doubtfulness  of 
expression  ;  among  others,  fees  were  often  charged  for 


Appendix  A. 


345 


'•> 


services  not  done  ;  the  delegates  attempted  to  reform 
these  abuses,  and  to  lessen  the  rates  where  excessive  ;  in 
this  laudable  attempt  they  were  disappointed  by  the  ob- 
stinacy and  selfishness  of  men,  who  made   themselves 
judges  of  their  mon  merits  and  own  rewards.     I  agree 
with  Antillon  :  '*  That  our  Constitution  may  be  much 
improved  by  altering  the  condition  of  our  judges,  by  mak- 
ing them  independent,  and  allotting  them  a  liberal  in- 
come."   But  I  fancy  the  delegates  would  disagree  with  him 
about  the  means.    They  perhaps  would  propose  to  lessen 
the  exorbitant  income  of  an  inferior  officer,  who  does  lit- 
tle to  deserve  it,  who  grows  more  insolent  as  he  grows  more 
wealthy,  and  by  a  reduction  of  fees  annexed  to  his,  and  to 
other  offices  not  attended  with  much  trouble,  they  would 
probably  endeavor  to  make  such  savings,  as  might  enable 
them  to  allow  the  judges  a  genteel  salary  without  loading 
the  people  with  any  considerable  additional  charge.    An- 
other very  great  improvement  might  be  made  in  our  Con- 
stitution, by  excluding  all  future  secretaries,  commissaries 
general,  and  judges  of  the  land  office  from    the  Upper 
House  ;  till  that  event  takes  place,  we  may  despair  of  see- 
ing any  useful  laws  pass,  without  some  disagreeable  tack 
to  them,  should  they  clash  with  their  particular  interests. 
Those  officers  have  long  been  connected  with  the  law  for 
the    regulation  of   our   staple,  a   law  of    the   most   sal- 
utary and   extensive    consequence   to    the  community, 
and  which  has  hitherto  been  purchased  by  a  particular 
attention  to  their  interests,  and  a  deference  to  their  de- 
mands, as  impolitic  as  unaccountable  in  the  representa- 
tives of  a  free  people. 

4th  Answer  :  A  great  part  of  this  Answer  has  been 
already  obviated.  It  has  been  noticed,  that  the  excessive 
exactions  so  much  talked  of,  and  so  much  dreaded 
by  our  merciful  minister,  are  mere  bugbears.     Freemen 


\\ 


^\\ 


i" 


111 


H'' 


fprr 


iV 


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I' 


:  CI. 


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'I        »      ■■ 


346         Charles  Carroll  of  Carrollton. 

are  not  to  be  terrified  with  visionary  fears  :  over-solicit- 
tude  to  protect  us  from  imaginary  dangers,  and  a  strong 
inclination  discovered  at  the  same  time  to  pick  our  pock- 
ets, look  a  little  like  mockery.  Fees  being  taxes  ;  to  im- 
pose them  on  the  subject  by  proclamation,  was  as  illegal 
as  to  levy  ship-money  by  proclamation.  The  design  of 
the  two  measures  was  nearly  the  same.  Charles  wanted 
to  raise  money  without  a  Parliament,  and  our  upstart  min- 
ister wanted  to  provide  for  himself  and  his  brother  officers 
without  an  Act  of  Assembly,  as  the  delegates  would  not 
provide  for  him,  and  them,  in  a  manner  suitable  to  their 
wishes.  Was  not  the  legality  of  the  ship-money  assessment 
determinable  in  the  ordinary  judicatories  ?  Did  it  not 
receive  the  most  solemn  sanction  ?  The  sanction  of  eight 
judges  out  of  twelve?  You  still  retain,  Mr.  Antillon,  all 
the  low  evasive  cunning  of  a  pettifogger. 

Quo  seme  I  est  imbuta  tec  ens  servabit  odr^em 
Testa  diu.^ 
5th  Answer  : — When  fees  are  not  ascertained  by  law, 
the  verdict  of  a  jury  must  ascertain  them  ;  when  thus 
ascertained — the  judges  in  awarding  costs  are  obliged, 
by  statute,  to  include  them  in  the  costs  ;  the  necessity 
therefore  of  fixing  the  rates  of  fees,  either  by  proclama- 
tion, or  by  the  allowance  of  the  judges,  is  a  pretended  and 
false  necessity  :  consequently  not  urgent  and  invincible. 
If  such  a  necessity  really  exists  when  there  is  no  legisla- 
tive regulation  of  fees,  it  was  foreseen  in  1770,  and  ought 
to  have  been  guarded  against  by  passing  an  Act  of  As- 
sembly for  settling  the  rates.  The  pretended  necessity 
therefore  aggravates  their  crime,  who  from  a  mercenary 
motive  prevented  a  regulation  by  law.  The  famine, 
which  occasioned  the  embargo,  was  not  a  sudden  and 
peculiar  tiecessity  ;  it  was  apprehended  long  before  it  was 
'  Hor.,  "Ep.,"i.,  2,  70. 


! 


^ 


Appendix  A. 


347 


felt  ;  Parliament  might  have  been  assembled,  its  advice 
taken,  and  a  law  passed  to  enable  his  majesty  to  lay  the 
embargo.  The  ministers  were  blamed  for  not  calling 
the  Parliament  in  proper  time,  and  the  necessity  of  acting 
against  law  flowing  from  that  neglect,  was  urged  as  their 
accusation,  not  their  excuse.  Although  the  ([uestion, 
"  whose  fault  was  it  that  a  le^i^is/ative  regulation  did  not  take 
place?"  be  not  determinable  in  any  jurisdiction  or  by 
any  legal  authority,  yet,  has  a  discerning  public  already 
decided  it,  and  has  fixed  the  blame  on  the  proper  person. 
Although  he  cannot  be  punished  by  the  sentence  of  any 
ordinary  judicature,  yet  might  he  be  removed  from 
office,  on  application  made  to  the  governor  by  the  dele- 
gates of  the  people. 

Encomiums  on  the  disinterestedness  of  officers,  and 
censures  of  some  obnoxious  members,  in  fact,  of  the 
whole  Lower  House,  come  with  peculiar  propriety  and 
decorum  from  a  man,  who  is  an  officer,  and  was  particu- 
larly levelled  at  in  the  spirited  and  i)atriotic  resolves  of 
that  House.  It  might  have  given  satisfaction  to  many  to 
have  had  the  regulation  of  the  clergy  and  officers  estab- 
lished on  the  terms  once  proposed  by  the  Upper  Hoise  ; 
but  this  satisfaction  would  not  have  resulted  from  a  con- 
viction, that  the  terms  offered  were  just  and  advanta- 
geous to  the  public,  but  from  a  despair  of  obtaining  better ; 
if  this  despair  should  become  general,  the  cause  of  the 
public  must  yield  to  the  interest  of  a  few  officers.  Dis- 
graceful and  afflicting  reflection  !  Not  a  single  instance 
can  be  selected  from  our  history  of  a  law  favourable  to 
liberty  obtained  from  government,  but  by  the  unanimous, 
steady,  and  spirited  conduct  of  the  people.  The  great 
Charter,  the  several  confirmations  of  it,  the  Petition  of 
Right,  the  Bill  of  Rights,  were  all  the  happy  effects  of 
force  and  necessity. 


i 


i  I 


!) 


I 


if 


V>»'^ 


-JIUX^M'J^IMIL  ■ 


348         Charles  Carroll  of  Carrollton, 


^y 


ii', 


\\v\ 


:« 


■  i' 


j;. 


:*5'* 


I  am  not  surprised  that  Antillon's  resentment  should 
be  directed  against  a  man  who  has  publickly  spoke  some 
very  home  truths.  The  wit  and  verses  borrowed  from 
Horace  cannot  destroy  the  evidence  of  facts.  I  am  re- 
strained by  the  limits  of  this  paper  from  descanting  on 
the  merits  of  tub  oratory,  it  has  its  use  and  abuse,  like 
most  other  institutions,  and  is  not  so  prejudicial  to  char- 
acters attacked,  as  the  whispered  lye,  the  dark  hint,  and 
jesting  story  told  with  a  sting  at  the  end  of  it.  1  know 
a  jjerson,  who  has  an  admirable  knack  at  defamation  in 
this  sly,  oblique,  insinuating  manner  ;  he  has  stabbed 
many  a  reputation  with  all  the  appearance  of  festivity 
and  f^ood  humor ;  in  the  midst  of  gaiety,  in  the  social 
hours  of  convivial  mirth,  malice  preys  inwardly  on  his 
soul ;  sometimes  he  is  given  to  deal  in  the  marvellous,  to 
captivate  the  attention  of  his  admirers  (generally  fit  tools 
for  him  to  work  with)  and  to  leave  on  their  minds  a 
lively  impression  of  his  own  consequence.  Surrounded 
by  a  group  of  these  creatures,  he  will  now  and  then  re- 
count most  wonderful  wonders  !  "  Speciosa  miracula"  ' 
celebrate  his  own  feats,  prowess,  and  hair-breadth  scapes, 
in  short  forge  such  monstrous  improbabilities,  as  would 
shock  the  faith  of  the  most  credulous  Jew.  They  listen- 
ing gape  applause,  "  Conticuere  omnes,  intentique  ora  tene- 
bant:' » 

Answer  6.  Rules  or  ordinances  respecting  the  practice 
of  the  courts  may  be  made  without  any  danger  of  pre- 
judging questions  of  law.  "Judges  have  been  called 
upon  in  council  to  advise  their  sovereign  on  questions  of 
law'' — true — and  in  consequence  of  their  advice,  per- 
nicious measures  have  been  frequently  pursued  by  sover- 
eigns—witness, the  proclamation  for  levying  ship-money, 

'  Hor.,  "  A.  P.,"  144.     (ut  speciosa  Jehinc  niiracula promat.) 
"Virg.,  "^n.,"  ii.,  i. 


;> 


Appendix  A. 


349 


the  dispensing  power,  and  others  equally  unconstitu- 
tional. These  examples  should  make  judges  very  careful 
how  they  advise  their  sovereign  ;  for  bad  advice  they  are 
amenable  to  Parliament,  and  some  of  them  have  been 
punished  for  giving  extra-judi(nal  and  unconstitutional 
opinions. 

^^  Expedit  reipublicae  ut  fit  finis  litium."  *^  Misera  est 
servitus  ubi  jus  est  va^um  " — are  sentiments  truly  liberal 
and  useful  ;  equally  so  are  these — a  free  constitution  will 
not  endure  discretionary  powers,  but  ///  cases  of  the  most 
urgent  necessity.  The  property  of  Englishmen  is  secured 
by  the  laws,  not  left  to  depend  on  the  will  of  the  sovereign^ 
or  of  officers  appointed  l)y  him.  There  is  an  impropriety 
in  advising  measures  tending  to  the  immediate  benefit  of 
the  advisers.  Self-interest  may  warp  the  judgment  of 
the  most  upright  ;  hence,  the  maxim,  **  no  man  ought  to 
be  a  judge  in  his  own  castle."  The  advisers  of  a  meas- 
ure as  legal  and  expedient  will  probably  remain  of  the 
same  opinion  when  they  come  to  determine  on  its  legality 
in  their  judicial  capacity.  Should  the  question  be 
brought  before  the  Court  of  Appeals,  ought  the  officers, 
who  are  deeply  interested  in  its  decision,  to  sit  as  judges  ? 
If  it  would  be  unjust  in  them  to  Judge  of  the  legality  of 
the  Proclamation,  there  was  surely  some  impropriety  in 
their  advising  it.  The  Chancellor  in  all  causes  of  intricacy 
is  advised  by  an  assistant,  whose  opinion  would  not,  I 
presume,  be  asked,  if  interested  in  the  suit.  Should  a 
bill  be  filed  against  the  usual  assistant,  for  instance,  by  a 
Dutchman,  could  he  be  so  insensible,  as  not  to  discover 
some  anxiety  at  seeing  his  adversary  in  the  capacity  of 
an  adviser,  directing  and  guiding  the  opinions  of  the 
judge  ?  Would  not  the  impropriety  strike  even  a  Dutch- 
man ?  Would  he  not  have  great  reason  to  suspect  an 
unfavourable  decree  ?     Had  there  been  an  open  rupture, 


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a  declared  enmity,  which  still  subsisted  between  the  as- 
sistant, and  one  of  the  parties  to  a  chancery  suit,  and 
notwithstanding  the  assistant  should  discover  an  inclina- 
tion to  act  in  his  usual  capacity,  would  not  his  conduct 
raise  indignation  in  every  honest  mind  ?  Reader  make 
the  application. 

Answer  7.  **  The  Governor  was  not  to  be  directed  by 
the  votes  of  the  majority  of  the  advisers,  they  having  no 
authoritative  influence  :  "  on  a  former  occasion  we  were 
told,  there  can  be  no  difficulty  in  finding  out  his  (the 
kings)  ministers,  "the  Governor  and  Council  are  answer- 
able in  this  character."  If  the  Governor  is  not  to  be 
directed  by  the  advice  of  his  Council,  why  should  they 
be  answerable  for  their  advice  .''  He  by  adopting  the 
measure  advised  makes  it  his  07vn,  because  he  uses  his 
07un  manly  judgment ;  the  advice  of  the  Council  can  have 
no  authoritative  influence  over  him,  and  therefore  accord- 
ing to  Antillon's  latter  opinion,  contradicted  by  his  former, 
the  Governor  must  take  the  whole  blame  upon  himself. 
Oh  unsuspicious  Eden  !  How  long  wilt  thou  suffer  thy 
self  to  be  imposed  on  by  this  deceiving  man  ?  "  The 
fee  for  the  seals  was  the  same  in  all  the  proposed  regula- 
tions," and  none  of  them  have  the  least  efificacy,  wanting 
the  sanction  of  law.  To  exact  fees  under  the  settlement 
of  the  new  table,  proposed  by  the  Lower  House,  would 
be  equally  unlawful,  though  not  so  dangerous,  as  to  ex- 
act them  under  the  settlement  by  Proclamation — "  the 
Governor  receives  his  fees  now — "  and  receives  them  in- 
stantly, and  will  not  do  the  service  without  immediate 
payment.  The  practice  may  become  general,  and  the 
good  natured  easy  people  of  Maryland,  will,  I  dare  say — 
submit  to  it  without  reluctance  or  murmuring. 

Answer  8.  Antillon  has  admitted  that  he  concurred 
with  the  rest  of  the  Council  in  advising  the  Proclamation 


Appendix  A. 


351 


as  expedient  and  h'\:^al  —  \\e.  has  since  justified  it  as  a  neces- 
sary unm.'oiihible  act.  It  is  not  the  first  time  that  ^'^ex- 
pediency has  covered  itself  under  the  appearance  of 
necessity."  From  whence  does  Antillon  infer  this  neces- 
sity ?  The  judgment  or  decree,  says  he,  awarding  the 
costs  must  necessarily  be  precise^  unless  the  officers'  fees, 
which  constitute  part  of  the  costs  be  settled  ;  if  not  set- 
tled by  a  law,  they  must  be  settled  by  some  other  authority 
and  therefore  he  concludes  they  must  be  settled  by  Proc- 
lamation— why  not  by  the  verdict  of  a  jury  ?  Endless 
litigation,  it  is  answered,  would  ensue  from  that  method 
of  settlement.  A  much  greater  mischief  I  reply — would 
result  from  the  other  ;  charges  would  be  set,  and  levied 
on  the  people  without, — nay  against  the  consent  of  their 
Representatives.  Hetween  two  such  evils,  what  choice 
have  we  left  ?  The  choice  of  the  least.  Hard  indeed  is 
the  fate  of  the  Province  to  be  reduced  to  such  extremity, 
that  sotne  officers  may  enjoy  great  incomes  for  doing 
little.  The  Secretary's  office  is  a  mere  sinecure — yet  has 
he  had  the  assurance  to  ask  a  net  income  of  ;a{^6oo  ste/- 
ling  per  annum  to  support  his  dignity.  To  hear  Antillon 
talk  in  this  strain  is  enough  to  rouse  the  indignation  of 
apathy  itself ;  but  indignation  sinks  into  contempt,  the 
moment  we  reflect  on  the  farcical  dignity  of  the  man. 

Answer  9.  The  fees  settled  by  Proclamation  have 
been  proved  a  charge  upon  the  people  ;  now  the 
settling  a  charge  upon  the  people  without  the  consent 
of  their  Representatives,  is  a  measure  striking  at  the  root 
of  all  liberty.  Antillon  has  endeavored  to  justify  the 
measure  by  precedents.  The  precedents  he  has  pro- 
duced do  not  in  the  least  apply.  The  settlements  pf  fees 
made  by  the  judges  appear  to  have  been  merely  authen- 
tications of  the  usual  and  ancient  fees.  The  long  disuse 
of  inquiries  into  the  conduct  of  officers  gave  them  an 


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352  Charles  Carroll  of  Carrollton. 

• 

opportunity  of  exacting  new  and  ilfey^a/  fees  ;  the  griev- 
ance was  suH'ercd  to  run  on  so  long,  that  at  hsl  it  became 
difficult  to  distinguish  the  ticii'  and  illegal  fees  from  the 
ancient  and  Icj^al  fees.  The  fees  so  certified  by  the 
judges,  were  to  be  deemed  ancient  fees  ;  to  faciUtatc 
their  scrutiny— "juries  of  officers  and  clerks  were  im- 
panelled to  incpiire,  what  fees  had  been  usually  taken  by 
the  several  officers,  for  the  space  of  30  years  last  past," 
on  a  supposition,  I  presume,  that  fees,  which  had  been 
paid  for  so  long  a  time,  were  j)robably  ancient  fees.  The 
judges  therefore,  I  conceive,  did  not  settle  in  that  in- 
stance the  rates  of  fees,  but  certified  what  were  the  rates 
heretofore  settled.  With  us  the  rates  of  fees  were  not 
settled  ;  the  Delegates  did  not  request  the  Governor  to 
issue  a  commission  to  the  judges  to  fix  the  rates  ;  they 
remonstrated  against  the  apprehended  exercise  of  the 
unconstitutional  power  of  settling  them  by  his  sole 
authority.  I  hoj^e  it  has  been  proved,  that  if  the  judges 
settled,  that  is  imposed  fees,  not  before  settled^  they  acted 
against  law,  and  consequently  wrongs  and  therefore,  "  if 
what  has  been  done  be  wrong,  it  confers  no  right  to  repeat 
it."  To  establish  which  axiom  the  "Considerations" 
were  cited.  I  have  known  you,  Antillon,  long  enough  to 
form  a  true  judgment  of  your  character,  and  I  have  ex- 
hibited a  true  picture  of  it  to  the  public  :  an  intimacy  I 
have  cautiously  avoided,  as  dangerous,  and  disreputable. 
The  frequent  repetition  of  the  word  "  Barber "  in  all 
your  papers,  makes  me  suppose  some  concealed  wit  or 
joke  ;  perhaps  it  may  be  founded  on  the  production  of 
your  fertile  invention  ;  pray  disclose  it — I  will  add  it  to 
the  catalogue  ;  you  understand  me. 

Answer  10.  The  fees  allowed  to  the  petitioning  sheriffs 
by  an  order  of  Council  of  the  15th  of  July,  1735  had,  it 
seems,  been  omitted  in  the  Proclamation  issued  1733, 


./ 


Appendix  A. 


353 


and  such  fees  only  thus  omitted  as  had  been  settled  by 
an  Act  of  Assembly  or  esta!)lishe(l  by  any  former  order 
of  Council  were  allowed  ;  fees  allowed  by  such  orders 
of  Council,  cannot,  perhaps,  with  stridness  be  called 
increased  fees  unless  the  former  rates  were  inci eased, 
but  the  reasons  already  assigned,  demonstrate,  they  are 
ntiv  fees.  Had  these  services,  to  whicli  fees  were  an- 
nexed by  asubse(iuent  Proclamation,  been  totally  omitted 
in  all  former  orders  of  Council  atul  temporary  acts,  would 
such  allowance  of  fees  have  been  law!  d  or  not  ?  If  law- 
ful, it  is  plain,  fees  would  in  tlui  <  ase  have  been  in- 
creased, being  annexed  to  serv"  •  s  nev«.r  bef'fe  provided 
for.  If  unlawful,  it  should  seem,  thr'  tiie  power,  which 
at  the  original  ciclion  of  consti'  ith^nal  offices,  might 
have  annexed  a  fee  to  every  service  there  enumerated, 
would  be  concluded,  and  might  not  annex  fcf's  to  ser- 
vices not  there  enumerated,  though  actually  performed 
by  the  officers  ;  so  that  whether  an  officer  may  lawfully 
receive  a  fee  does  not  depend  on  his  doing  a  service,  but 
on  that  service  having  been  enumerated,  ar.d  having  had 
a  fee  annexed  to  it  in  the  first  settlement,  or  table  of 
fees  ;  but  if  under  a  right  to  receive  fees  co-eval  with 
the  institution  of  constitutional  offices,  the  king  or  his 
deputies  may  settle  fees,  that  is  ascertain  what  fee  an 
officer  shall  take  for  doing  a  service,  not  having  a  settled 
or  known  fee  annexed  to  it,  then  may  government  in- 
crease ad  libitum  the  amount  of  officers  fees.  Ingenuity 
will  point  out  many  services  performed  by  old  officers, 
that  have  no  settled  fees  annexed  to  them,  and  the  right 
to  receive  such  fees  being  old  and  constitutional  ;  the 
settlement  of  such  fees,  cannot  according  to  Antillon's 
doctrine,  be  deemed  an  annexation  of  new  fees  to  old 
offices. 

Answer  II.  "When  the  Government  in  1692  under- 

VOL.  1—23 


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354         Charles  Carroll  of  Carrolllon, 


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took  to  regulate  fees,  there  was  an  act  of  Assembly  for 
that  purpose,"  The  Delegates  did  not  object  to  the 
Governor's  undertaking  to  regulate,  because  they  were 
already  regulated  by  law.  If  that  had  been  the  real  cause 
of  the  objection  they  would  have  declared  it,  to  have 
precluded  at  once  all  controversy  ;  but  they  objected 
upon  this  general  principle — *•  that  it  is  the  undoubted 
right  of  the  freeman  of  this  Province,  that  no  officers 
fees  ought  to  be  imposed  on  them  but  by  the  consent  of 
the  Representatives  in  Assembly."  To  which  general 
proposition  the  goi'ernment  agreed.  The  Delegates  pro- 
duced several  acts  of  Parliament  to  show,  that  govern- 
ment could  not  settle  the  fees  of  officers  by  prerogative  ; 
but  if  they  relied  on  the  act  of  Assembly  then  in  force, 
why  did  they  not  cite  it  ?  Where  was  the  necessity 
of  citing  Acts  of  Parliament  to  prove  what  was  already 
most  clearly  decided  in  their  favour  by  a  positive  and 
subsisting  law  of  the  Province  ?  The  instances  mentioned 
by  Antillon  of  fees  settled  by  proclamation  prove  only 
the  actual  exercise  of  an  unlawful  prerogative.  The 
dangerous  use  which  has  so  often  been  made  of  bad, 
should  caution  us  against  the  hasty  admission  of  even 
good  ])recedents,  which  should  always  be  measured  by 
the  principles  of  the  constitution,  and  if  found  the  least 
at  variance,  or  inconsistent  therewith,  ought  to  be  speedily 
abolished.  "  For  millions  entertain  no  other  idea  of  the 
legality  of  power,  than  that  it  is  founded  on  the  exer- 
cise of  power.'  "  There  is  nothing,"  saith  Swift,  "  hath 
perplexed  me  more  than  this  doctrine  of  precedents  ;  if 
a  job  is  to  be  done,"  (for   instance  a  provision  to   be 

'  Vide  Penn ;  Farmer's  nth  Letter.  I  recommend  an  attentive 
perusal  of  that  Letter  to  my  countrymen  ;  it  abounds  with  judicious 
observations,  pertinent  to  the  present  subject,  and  expressed  with  the 
utmost  elegance,  perspicacity  and  strength. 


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t  to  the 
hey  were 
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to  have 
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rogative  ; 

in  force, 
necessity 
Ls  already 
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In  attentive 
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led  with  the 


Appendix  A. 


355 


made  for  officers)  "and  upon  searching  records,  you  find 
it  hath  been  done  before,  there  will  not  want  a  lawyer 
(an  Antillon)  to  justify  the  legality  of  it,  by  producing 
his  precedents,  without  ever  considering  the  motives  and 
circumstances  that  first  introduced  them,  the  necessity, 
or  turbulence,  or  iniquity  of  the  times,  the  corruption  of 
ministers^  or  the  arbitrary  disposition  of  the  prince  then 
reigning." 

Answer  12.  "It  is  not  probable  the  fees  of  some 
officers  will  in  time  exceed  the  Governor's  income." 
Such  an  event  is  most  probable.  The  Governor's  fees 
as  Chancellor,  fall  far  short  of  the  register's  fees  for  re- 
cording the  proceedings  of  the  court,  copies  of  bills  i^vic. 
The  register  pays  his  deputy  40  or  50  ^  a  year,  and 
pockets  fees  to  the  amount  of  50,000  pounds  of  tobacco, 
discharged  in  money  at  12  £  d  per  hundred  pounds. 
Except  the  marriage  licenses,  all  the  other  branches  of 
the  Governor's  revenue  will  probably  decrease,  or  con- 
tinue in  their  present  state.  The  Secretary's  and  Com- 
missary's fees  must  increase  with  the  increase  of  business, 
the  trouble  and  expence  do  not  increase  in  proportion. 
The  Secretary  has  no  trouble  ;  the  expence  of  this  office 
is  a  mere  trifle  compared  to  his  profits. 

Having,  at  length  waded  through  the  argumentative 
part  of  my  adversary's  last  paper,  I  am  now  come  to  the 
passages  more  immediately  addressed  to  myself ;  for, 
Antillon  still  insists  that  I  have  assistants  and  confeder- 
ates ;  silly  as  my  productions  are,  he  will  not  allow  me  the 
demerit  of  being  single  in  my  folly.  Formerly  I  was  ac- 
cused of  confidence,  and  self-conceit,  now  I  am  rejjre- 
sented  as  begging  from  others,  the  little  sense  contained 
in  my  last  piece.  Antillon  can  reconcile  contradictions, 
and  expound  knotty  points  of  law,  just  as  they  may 
suit  him. 


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356  Charles  Carroll  of  Carrollton, 

"  Veniet  de  plebe  togatd. 
Qui  Juris  modos,  et  legum  aenigmata  solvat."  ' 

You  see,  sir,  I  take  every  opportunity  of  compli- 
menting your  abilities,  somewhat  at  the  expence  of  your 
integrity,  I  confess,  but  not  of  truth.  The  observa- 
tion, that,  an  unlimited  confidence  in  a  bad  minister 
will  be  assuredly  abused — ^^  besides  the  merit  of  being 
true,"  has  this  further  merit;  iht  application  0/ it  to  An- 
tillon  was  just.  He  denies  in  the  most  direct  terms  the 
pernicious  influence  ascribed  to  him.  The  most  no- 
torious criminals  seldomest  plead  guilty  ;  the  assertion  of 
one,  who  has  long  forfeited  all  title  to  veracity,  cannot  be 
credited.  I  repeat  the  questions  put  to  you  in  my  last 
paper.  Was  the  Proclamation  thought  of  by  the  whole 
Council  at  the  same  instant?  Who  first  advised  that 
measure  ?  Did  you  not  privately  instigate  some  member 
of  the  board  to  open  the  scene  of  action  while  you  lay 
lurking  behind  the  curtain,  ready  to  promote  mischief, 
though  unwilling  to  be  thought  the ^rst  mover? 

Matters  of  a  public  concern  are  the  objects  of  public 
disquisition.  When  the  real  advisers  of  a  measure,  from 
the  secrecy  of  the  transaction,  are  unknown,  we  must 
look  to  the  ostensible  minister  ;  if  the  known  character  of 
the  man  should  perfectly  correspond  with  the  imputed 
conduct,  an  assurance  of  the  truth  of  the  accusation 
instantly  arises  in  the  mind,  far  superior  to  the  evidence 
grounded  solely  on  his  denial  of  the  fact,  and  his  most 
positive  asseverations  of  innocence,  or  confederated  guilt. 
"  Many  members  of  the  Council  have  already  avowed 
the  part  they  took  in  the  measure."  And  pray  what  part 
did  they  take?  That  is  the  very  thing  we  all  want  to 
know.     If  they  acted  only  a  secondary  part,  if  mislead 

•Juvenal,  viii.,  50. 


I    I 


,:>i 


Appendix  A, 


357 


i 


by  your  artful  misrepresentations  and  sophistical  reasons, 
they  coincided  with  your  opinion  ;  not  the  least  degree 
of  blame  can  be  imputed  to  them.  "  They  have  ex- 
pressed their  resentment  at  the  indignity  of  the  impu- 
tation " — What  imputation  ?  that  they  were  imposed  on 
by  your  artifices  ;  are  they  the  first,  will  they  be  the 
last,  whom  you  have  deceived  ?  If  any  gentleman  of  the 
Council  has  taken  offence  at  what  I  have  said,  it  must 
be  owing,  either  to  misapprehension,  or  to  your  crafty 
suggestions.     I  meant  not  to  offend  ;  it  would  grieve  me 

"  To  make  one  honest  man  my  foe." 

You  still  carp  at  the  maxim,  "  T/ie  king  can  do  no  wrong" 
or  rather  at  the  application  of  it  to  the  Governor ;  the 
public,  and  you  more  than  any  one,  can  see  the  propriety 
of  the  application  ;  the  Governor,  perhaps,  when  too 
late,  may  be  sensible  of  it  also,  and  wish  that  he  had  not 
placed  a  confidence  which  he  will  hereafter  discover  has 
been  abused,  and  may  possibly  give  him  many  hours 
uneasiness.  "  The  citizen  is  a  wretch"  (says  Antillon), 
**  haunted  by  envy  and  malice  "  Antillon  has  been  already 
called  upon  for  his  proofs  ;  the  truth  of  the  accusation 
rests  entirely  on  his  ipse  dixit,  which  is  at  least  presump- 
tive evidence,  that  the  accusation  is  false.  Why,  Antil- 
lon, am  I  suspected  of  bearing  you  malice  ?  Have  you 
injured  me  ?  Your  suspicion  implies  a  consciousness  of 
guilt.  What  should  excite  my  envy  ?  The  splendour  of 
your  family,  your  riches,  or  your  talents  ?  I  envy  you 
none  of  these  ;  even  your  talents  upon  which  you  value 
yourself  most,  and  for  which  only  you  are  valued  by 
others,  are  so  tarnished  by  your  meannesses,  that  they 
always  suggest  to  my  mind  the  idea  of  a  jewel  buried  in 
a  dunghill. 
As  we  agree  in  the  essential  point,  that  the  Revolution 


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358  Charles  Carroll  of  Carrollton, 

was  both  just  and  necessary,  it  is  needless  to  say  more  on 
the  collateral  question,  whether  the  abdication  followed 
or  preceded  that  measure  ;  the  dispute  at  best  is  almost 
as  insignificant  as  that  about  the  words  abdicated  and 
deserted^  which  disgraced  the  House  of  Lords.  That  the 
national  religion  was  in  danger  under  James  the  2nd 
from  his  bigotry  and  despotic  temper,  the  dispensing 
power  assumed  by  him  and  every  other  part  of  his  con- 
duct clearly  evince.  The  nation  had  a  right  to  resist, 
and  so  secure  its  civil  and  religious  liberties.  I  am  as 
averse  to  having  a  religion  crammed  down  people's 
throats  as  a  proclamation.  These  are  my  political  prin- 
ciples, in  which  I  glory  ;  principles  not  hastily  taken  up 
to  serve  a  turn,  but  what  I  have  always  avowed  since  I 
became  capable  of  reflection.  1  h^ave  not  the  least  dis- 
like to  the  Church  of  England,  though  I  am  not  within 
her  pale,  nor  indeed  to  any  other  church  ;  knaves,  and 
bigots  of  all  sects  and  denominations,  I  hate,  and  I 
despise. 

"  For  modes  of  faith  let  zealous  bigots  fight, 
His  can't  be  wrong,  whose  life  is  in  the  right." 

"  Papists  are  distrusted  by  the  laws,  and  laid  under 
disabilities."  They  cannot,  I  know,  (ignorant  as  I  am) 
enjoy  any  place  of  profit,  or  trust,  while  they  continue 
papists  ;  but  do  these  disabilities  extend  so  far  as  to  pre- 
clude them  from  thinking  and  writing  on  matters  merely 
of  a  political  nature  ?  Antillon  would  make  a  most  excel- 
lent inquisitor ;  he  has  some  striking  specimens  of  an 
arbitrary  temper,  the  first  requisite. 

He  will  not  allow  me  freedom  of  thought  or  speech. 
The  resolves  of  a  former  Assembly  against  certain  relig- 
ionists have  been  compared  to  the  resolves  against  the 
Proclamation.      I  again   repeat,  the  unprejudiced   will 


Appendix  A, 


359 


discern  a  wide  difference  between  those  resolves  and  the 
spirit  which  occasioned  these  ;  it  would  be  no  difficult 
task  to  show  the  disparity,  but  1  choose  not  to  meddle 
with  a  subject,  the  discussion  of  which  may  rekindle  ex- 
tinguished animosities.  The  contemptible  comment  on 
the  expression — "  We  remember  and  7uc  forgive"  scarcely 
deserves  animadversion.  "  This,"  says  Antillon,  "  is  rather 
too  much  in  the  imperial  style."  The  Citizen  did  not 
deliver  his  sentiment  only  but  likewise  the  sentiment  of 
others.  We  Catholics,  who  think  we  were  hardly  treated 
on  occasion,  w^  still  remember  the  treatment  though  our 
resentment  hath  entirely  subsided.  It  is  not  in  the  least 
surprizing  that  a  man  incapable  of  forming  an  exalted 
sentiment,  should  not  readily  comprehend  the  force  and 
beauty  of  one.  My  exposition  of  the  document  of  Min- 
ucius,  as  applied  by  you,  is  warranted  by  the  whole 
tenor  and  purport  of  your  publications.  To  what  pur- 
pose was  the  threat  thrown  out  of  enforcing  the  penal 
statutes  by  proclamation  ?  Why  am  I  told  that  my  con- 
duct is  very  inconsistent  with  the  situation  of  one,  who 
"owes  even  iht toleration  he  enjoys  to  the  favour  of  gov- 
ernment ?  "  If  by  instilling  prejudices  into  the  Governor, 
and  by  every  mean  and  wicked  artifice  you  can  rouse  the 
popular  resentment  against  certain  religionists,  and  thus 
bring  on  a  persecution  of  them,  it  will  then  be  known 
whether  the  toleration  I  enjoy,  be  due  to  the  favour  of 
government  or  not.  That  you  have  talents  admirably 
well  adapted  to  the  works  of  darkness,  malice  to  attempt 
the  blackest  and  meanness  to  stoop  to  the  basest,  is  too 
true.  The  following  lines  convey  an  imperfect  idea  of 
your  character  : 


Jl 

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"  Him  there  they  found, 
Squat  like  a  toad,  close  at  the  ear  of  Eve  ; 


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360  Charles  Carroll  of  Carrollton. 

Assaying  by  his  devilish  art,  to  reach 
The  organs  of  her  fancy,  and  with  them 
Forge  illusions,  as  he  lists." 

Milton. 

Impudence  carried  to  a  certain  degree,  excites  indigna- 
tion— pushed  beyond  it  becomes  ridiculous.  The  Citizen's 
scandalous  misrepresentation  of  Petyt  is  again  insisted  on. 
**  The  Citizen  referred  to  the  yus  Parliamentarium,  he  knew 
the  book  was  in  the  hands  offewy  If  in  your  hands,  it  was 
sufficient ;  he  knew  you  exceedingly  well  inclined  to  expose 
his  misrepresentations,  even  upon  the  catch,  and  ready 
to  lay  hold  of  mere  mistakes  and  inaccuracies,  and  when 
acknowledged,  still  to  harp  upon  them.  The  crude  no- 
tions of  British  polity,  which  Antillon  in  a  former  paper 
imputed  to  the  Citizen,  were  quoted  as  the  notions  of 
Montesquieu,  enlarged  upon,  and  explained  by  the  writer 
of  a  pamphlet  on  the  privileges  of  the  Lower  House  of 
Assembly  in  Jamaica  :  he  was  apprized  thereof  in  my 
last  paper,  and  he  calls  this  exculpation  a  tiny  evasion. 
The  notions,  whether  crude  or  not,  were  not  the  Citi- 
zen's :  but  I  presume  to  assert,  that  so  far  from  being 
crude,  they  are  judicious,  and  discover  a  perfect  knowl- 
edge of  our  constitution.  "  Hume's  history  is  a  studied 
apology  for  the  Stuarts',  particularly  of  Charles  the  first." 
Has  the  historian  suppressed  any  material  facts  ?  If  not 
but  has  given  an  artificial  colouring  to  some,  softened 
others,  and  suggested  plausible  motives  for  the  conduct 
of  Charles,  all  this  serves  to  confirm  the  observation,  that 
an  account  may  in  the  main  be  true,  and  not  entirely  impar- 
tial;  the  principal  facts  may  be  related,  yet  the  suppres- 
sion of  some  attendant  circumstance  will  greatly  alter 
their  character  and  complexion. 

I  asserted  that  the  constitution  was  not  so  well  improved, 
and  so  well  settled  in  Charles'  time  as  at  present.     In 


^. 


alter 


)roved, 


In 


Appendix  A, 


361 


answer  to  this,  Antillon  remarks,  that  the  constitution  was 
clearly  settled  in  the  very  point  infringed,  by  the  levy  of 
ship  money.  To  this  I  reply,  that  the  Petition  of  Right 
was  only  a  confirmation  of  former  statutes  against  the 
same  unconstitutional  power,  which  had  been  assumed 
by  most  preceeding  kings  in  direct  violation  of  those  stat- 
utes. To  the  imputation  "  That  you  have  always  fathered 
your  mischievous  tricks  on  others"  you  reply — "  roundly 
asserted,  but  what  proof  have  you  ? "  Sufficient  to  sup- 
port the  charge — the  mask  of  hypocrisy,  which  you  have 
worn  so  long,  is  now  falling  off  ;  the  peoples  eyes  are  at 
length  opened  ;  they  know  the  real  author  of  their  griev- 
ances ;  and  his  efforts  to  regain  lost  popularity  will  be 
ineffectual ;  once  distrusted  he  will  ever  remain  so.  A 
particular  detail  of  all  your  mean  and  dirty  tricks  would 
swell  this  paper  (already  too  long)  to  the  size  of  a  volume. 
I  may  on  some  future  occasion  entertain  the  public  with 
Antillon's  cheats. 

*'^  Flebit^  et  insignis  tota  cantabitur  urbe."  ' 

They  would  discredit  even  a  Scapia,  and  therefore  must 
not  be  blended  with  a  question  of  this  serious  and  gen- 
eral importance.  You  have  said,  '*  You  do  not  believe  me 
to  be  a  man  of  honor  or  veracity."  It  gives  me  singular 
satisfaction  that  you  do  not,  for  a  man  destitute  of  one^ 
must  be  void  of  the  other,  and  cannot  be  a  judge  of 
either.  Your  mode  of  expression,  which  in  general  is 
clear  and  precise,  in  this  instance  discovers  a  confusion 
of  ideas  to  which  you  are  not  often  liable  ;  but  you  have 
stumbled  on  a  subject  of  which  you  have  not  the  least 
conception. 

"  Verbaque  provisam  rem  non  invita  sequentur." 
'  Hor.,  S.,  ii.,   i,  46. 


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362  Charles  Carroll  of  Carrollton. 


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If  once  the  mind  with  clear  conceptions  glow, 
The  willing  words  in  just  expressions  flow." 

^^ Honour,  or  veracity^    Are  they  then  distinct  things? 

Do  you  imagine  that  they  can  exist  separately  ? 
No,  they  are  most  intimately  connected  ;  who  wants 
veracity  wants  principle,  honour,  of  course,  and  resembles 
Antillon. 

First  Citizen. 


W\  - 


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APPENDIX  a 


.1 


JOURNAL  OF   CHARLES  CARROLL   OF   CARROLLTON, 

DURING  HIS  VISIT  TO  CANADA,  INf  1776,  AS  ONE 

OF  THE  COMMISSIONERS  FROM  CONGRESS. 

APRIL  2d,  1776.  Left  New  York  at  5  o'clock  p.m.  ; 
sailed  up  North  River,  or  Hudson's,  that  afternoon, 
about  thirteen  miles.  About  one  o'clock  in  the  night  were 
awaked  by  the  firing  of  cannon  :  heard  three  great  guns 
distinctly  from  the  y4sia  j  soon  saw  a  great  fire,  which  we 
presumed  to  be  a  house  on  Bedloe's  island,  set  on  fire 
by  a  detachment  of  our  troops.  Intelligence  had  been 
received  that  the  enemy  were  throwing  up  intrenchments 
on  that  island,  and  it  had  been  determined  by  our  gen- 
erals to  drive  them  off.  Dr.  Franklin  went  upon  deck, 
and  saw  waving  flashes  of  light  appearing  suddenly  and 
disappearing,  which  he  conjectured  to  be  the  fire  of 
musquetry,  although  he  could  not  hear  the  report. 

jrd.  A  bad,  rainy  day  ;  wind  north-east ;  quite  ahead. 
A.M.,  eleven  o'clock,  opposite  to  Colonel  Phillips's  (a 
tory)  ;  pretty  situation  near  the  river  ;  garden  sloping 
down  to  it,  house  has  a  pretty  appearance  ;  a  church  at 
a  little  distance  on  the  south  side,  surrounded  by  cedar 
trees.  The  banks  of  the  river,  on  the  western  side  ex- 
ceediiigly  steep  and  rocky  ;  pine  trees  growing  amidst 

363 


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364  Charles  Carroll  of  Carrollton. 


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the  rocks.  On  the  eastern,  or  New  York  side,  the  banks 
are  not  near  so  steep,  they  decline  pretty  gradually  to 
the  water's  edge.  The  river  is  straight  hitherto.  About 
five  o'clock  wind  breezed  up  from  the  south  ;  got  under 
way,  and  ran  with  a  pretty  easy  gale  as  far  as  the  high- 
lands, forty  miles  from  New  York.  The  river  here  is 
greatly  contracted,  and  the  lands  on  each  side  very  lofty. 
When  we  got  into  this  strait  the  wind  increased,  and 
blew  in  violent  flaws  ;  in  doubling  one  of  these  steep 
craggy  points  we  were  in  danger  of  running  on  the  rocks  ; 
endeavored  to  double  the  cape  called  St.  Anthony's 
nose,  but  all  our  efforts  proved  ineffectual  ;  obliged  to 
return  some  way  back  in  the  straits  to  seek  shelter  ;  in 
doing  this  our  mainsail  was  split  to  pieces  by  a  sudden 
and  most  violent  blast  of  wind  off  the  mountains.  Came 
to  anchor  ;  blew  a  perfect  storm  all  night  and  all  day  the 
fourth.  Remained  all  day  (the  fourth)  in  Thunder  Hill 
bay,  about  half  a  mile  below  Cape  St.  Anthony's  nose, 
and  a  quarter  of  a  mile  from  Thunder  Hill.  Our  crew 
were  employed  all  this  day  in  repairing  the  mainsail. 
The  country  round  about  this  bay  has  a  wild  and  roman- 
tic appearance ;  the  hills  are  almost  perpendicularly 
steep,  and  covered  with  rocks  and  trees  of  a  small  size. 
The  hill  called  St.  Anthony's  nose  is  said  to  be  full  of 
sulphur.  I  make  no  doubt  this  place  has  experienced 
some  violent  convulsion  from  subterraneous  fire :  the 
steepness  of  the  hills,  their  correspondence,  the  narrow- 
ness of  the  river,  and  its  depth,  all  confirm  me  in  this 
opinion. 

J///,  Wind  at  north-east,  mainsail  not  yet  repaired. 
Sailed  about  twelve  o'clock  from  Thunder  Hill  bay  ; 
just  before  we  doubled  Cape  St.  Anthony's  nose,  Mr. 
Chase  and  I  landed  to  examine  a  beautiful  fall  of  water. 
Mr.  Chase,  very  apprehensive  of  the  leg  of  mutton  being 


Appendix  B. 


365 


boiled  too  much,  impatient  to  get  on  board  ;  wind  breez- 
ing up,  we  had  near  a  mile  to  row  to  overtake  the  vessel. 
As  soon  as  we  doubled  Cape  St.  Anthony's  nose  a  beau- 
tiful prospect  opened  on  us.  The  river,  from  this  place 
to  Constitution  fort,  built  on  Marbler's  rock,  forms  a  fine 
canal,  surrounded  with  high  hills  of  various  shapes  ;  one, 
in  particular,  resembles  a  sugar  loaf,  and  is  so  called. 
About  three  miles  from  Cape  St.  Anthony's  nose  is  an- 
other beautiful  cascade  called  "  the  Buttermilk."  This 
is  formed  by  a  rivulet  which  flows  from  a  lake  on  the 
top  of  a  neighboring  mountain  ;  this  lake,  we  were  told, 
abounds  with  trout  and  perch.  Arrived  about  five  o'clock 
at  Constitution  fort  ;  Mr.  Chase  went  with  me  on  shore 
to  visit  the  fort  ;  it  is  built  on  a  rock  called  Marbler's 
rock  ;  the  river  at  this  place  makes  a  sudden  bend  to 
the  west  ;  the  battery  (for  it  does  not  deserve  the  name 
of  a  fort,  being  quite  open  on  the  north-east  side)  has 
two  flanks,  one  fronting  the  south,  and  the  other  the 
west  ; — on  the  south  flank  were  planted  thirteen  six  and 
one  nine  pounder  ;  on  the  west  flank,  seven  nine  pound- 
ers and  one  six  pounder,  but  there  were  no  cannoneers 
in  the  fort,  and  only  one  hundred  and  two  men  fit  to  do 
duty  ; — they  intend  to  erect  another  battery  on  an  emi- 
nence called  Gravel  hill,  which  will  command  vessels, 
coming  up  the  river  as  soon  as  they  double  Cape  St. 
Anthony's  nose.  A  little  above  this  cape  a  battery  is 
projected  to  annoy  the  enemy's  vessels,  to  be  called  Fort 
Montgomery  ;  they  intend  another  battery  lower  down 
the  river,  and  a  little  below  Cape  St.  Anthony's  nose. 
In  the  highlands  are  many  convenient  spots  to  construct 
batteries  on  ;  but  in  order  to  make  them  answer  the  in- 
tended purpose,  weighty  metal  should  be  placed  on  these 
batteries,  and  skilful  gunners  should  be  engaged  to  serve 
the  artillery.     About  nine  o'clock  at  night,  the  tide  mak- 


w 


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ill 


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.1    I 


366  Charles  Carroll  of  Carrollton, 


i. 


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Cii 


.'i.l 


ing,  wc  weighed  anchor,  and  came  to  again  about  two 
o'clock  in  the  morning,  the  sixth  instant.  The  river  is 
remarkably  deep  all  the  way  through  the  highlands,  and 
the  tide  rapid.  When  we  came  to  an  anchor  off  Consti- 
tution fort  we  found  the  depth  of  water  above  thirty 
fathoms.  These  highlands  present  a  number  of  romantic 
views,  the  steep  hills  overshadow  the  water,  and  in  some 
places  the  rocks,  should  they  be  rolled  down,  would  fall 
into  the  river  several  feet  from  the  banks  on  which  they 
stood.  This  river  seems  intended  by  nature  to  open  a 
communication  between  Canada  and  the  province  of 
New  York  by  water,  and,  by  some  great  convulsion  a 
passage  has  been  opened  to  the  waters  of  Hudson's  River 
through  the  highlands.  These  are  certainly  a  spur  of 
the  Endless  mountains. 

6th.  Weighed  anchor  about  seven  o'clock  in  the  morn- 
ing :  had  a  fine  breeze  ;  the  country  more  cultivated  above 
the  highlands  ;  passed  several  mills,  all  of  them  overshot ; 
saw  two  frigates  on  the  stocks  at  Pokeepsay,  building 
for  the  service  of  the  United  Colonies  ;  saw  a  great  many 
lime-kilns  in  our  run  this  morning,  on  both  sides  of  the 
river,  the  banks  of  which  begin  to  slope  more  gradually 
to  the  water's  edge.  We  wrote  to  General  Heath,  from 
off  Constitution  fort,  and  sent  the  letter  to  the  command- 
ing officer  of  the  fort,  with  orders  to  forward  it  by  ex- 
press immediately  to  the  general  at  New  York.  The 
purport  of  the  letter  was  to  inform  the  general  of  the  very 
defenceless  condition  of  the  fort,  that  measures  might  be 
immediately  taken  to  put  it  in  a  better  posture  of  defence. 
If  Howe  was  a  man  of  enterprise,  and  knew  of  the  weak 
state  of  the  fort,  he  might  take  it  in  it's  present  situation 
with  sixty  men,  and  without  cannon.  He  might  land  his 
party  a  little  below  the  fort  on  the  east  side,  march  over  a 
marsh,  and  attack  it  on  the  back  part.     It  was  proposed 


M 


Appendix  B. 


367 


to  erect  a  battery  of  some  cannon  to  sweep  this  marsh  ; 
but  this,  and  also  the  battery  above  mentioned,  on  (Iravol 
hill,  have  been  strangely  neglected,  and  nothing  as  yet  has 
been  done  towards  constructing  either  of  these  batteries, 
more  than  levelling  the  top  of  Clravcl  hill. 

Six  o'clock,  P.M.,  came  to  anchor  four  miles  from  Al- 
bany ;  had  a  most  glorious  run  this  day,  and  a  most 
pleasant  sail  ;  including  our  run  in  the  night,  we  ran  this 
day  ninety-six  miles — Constitution  fort  being  one  hun- 
dred miles  from  Albany,  and  sixty  from  New  York.  We 
passed  several  country  houses  pleasantly  situated  on  the 
banks,  or  rather,  eminences  commanding  the  banks  of  the 
river  ;  the  grounds  we  could  discover  from  the  vessel 
did  not  appear  to  be  highly  improved.  We  had  a  distant 
view  of  the  Katskill  mountains.  These  are  said  to  be 
some  of  the  highest  in  North  America  ;  they  had  a  pleas- 
ing appearance  ;  the  weather  being  somewhat  hazy,  they 
appeared  like  bluish  clouds  at  a  great  distance  ;  when  we 
were  nearest  to  them,  they  were  distant  about  ten  miles. 
Vast  tracts  of  land  on  each  side  of  Hudson's  river  are 
held  by  the  proprietaries,  or,  as  they  are  here  styled,  the 
Patrones  of  manors.  One  of  the  Ransalaers  has  a  grant 
of  twenty  miles  on  each  side  of  the  river.  Mr.  Robert  R. 
Livingston  informed  me  that  he  held  three  hundred  thou- 
sand acres.  I  am  told  there  are  but  ten  original  patent- 
ees between  Albany  and  the  highlands.  The  descendants 
of  the  first  proprietaries  of  these  immense  tracts  still  keep 
them  in  possession  ;  necessity  has  not  as  yet  forced  any 
of  them  to  sell  any  part. 

yth.  Weighed  anchor  this  morning  about  six  o'clock. 
Wind  fair  :  having  passed  over  the  overslaw,  had  a  distinct 
view  of  Albany,  distant  about  two  miles  : — landed  at  Al- 
bany at  half  past  seven  o'clock  ;  received  at  landing,  by 
GENERAL  SCHUYLER,  who,  understanding  we  were 


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ffi  jl 


368  Charles  Carroll  of  Carrollton, 


If  i. 


t'l 


»  1. 


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coming  up,  came  from  his  house,  about  a  mile  out  of  town, 
to  receive  us  and  invite  us  to  dine  with  him  ;  he  behaved 
with  great  civility  ;  lives  in  pretty  style  ;  has  two  daugh- 
ters (Betsy  and  Peggy),  lively,  agreable,  black-eyed  girls. 
Albany  is  situated  partly  on  a  level,  and  partly  on  the  slope 
of  a  hill,  or  rising  ground,  on  the  west  side  of  the  river. 
Vessels  drawing  eight  and  nine  feet  of  water  may  come  to 
Albany,  and  five  miles  even  beyond  it,  at  this  season  of 
the  year,  when  the  waters  are  out.  The  fort  is  in  a  ruin- 
ous condition,  and  not  a  single  gun  mounted  on  it.  There 
are  more  houses  in  this  town  than  in  Annapolis,  and  I 
believe  it  to  be  much  more  populous.  The  citizens 
chiefly  speak  Dutch,  being  mostly  the  descendants  of 
Dutchmen  \  but  the  English  language  and  manners  are 
getting  ground  apace. 

gth.  Left  Albany  early  this  morning,  and  travelled  in 
a  wagon  in  company  with  Mrs.  Schuyler,  her  two  daugh- 
ters, and  Generals  Schuyler  and  Thomas.  At  six  miles 
from  Albany  I  quitted  the  wagon  and  got  on  horseback 
to  accompany  the  generals  to  view  the  falls  on  the  Mo- 
hawk's river,  called  the  Cohooes.  The  perpendicular 
fall  is  seventy-four  feet,  and  the  breadth  of  the  river  at 
this  place,  as  measured  by  General  Schuyler,  is  one  thou- 
sand feet.  The  fall  is  considerably  above  one  hundred 
feet,  taken  from  the  first  ripple  or  still  water  above  the 
perpendicular  fall.  The  river  was  swollen  with  the  melt- 
ing of  the  snows  and  rains,  and  rolled  over  the  frightful 
precipice  an  impetuous  tjrrent.  The  foam,  the  irregu- 
larities in  the  fall  broken  by  projecting  rocks,  and  the 
deafening  noise,  presented  a  sublime  but  terrifying  spec- 
tacle. At  fifty  yards  from  the  place  the  water  dropped 
from  the  trees,  as  it  does  after  a  plentiful  shower,  they 
being  as  wet  with  the  ascending  vapor  as  they  commonly 
are  after  a  smart  rain  of  some  continuance.     l\he  bottoms 


\, 


•'J? 


»f  town, 
►ehaved 

daugh- 
id  girls. 
lie  slope 
le  river, 
come  to 
sason  of 
1  a  ruin- 
.  There 
is,  and  I 

citizens 
dants  of 
iners  are 

veiled  in 
o  daugh- 
six  miles 
lorseback 
the  Mo- 
indicular 
river  at 
ne  thou- 
hundred 
[bove  the 
[the  melt- 
frightful 
e  irregu- 
and  the 
[ing  spec- 
dropped 
rer,  they 
)mmonly 
bottoms 


Appendix  B, 


369 


adjoining  the  river  Hudson  are  fine  lands,  and  appeared 
to  be  well  cultivated  ;  most  of  them  that  we  passed  through 
were  in  wheat,  which,  though  commonly  overflowed  in 
the  spring,  we  were  informed  by  our  driver,  suffered  no 
hurt,  but  were  rather  improved  by  the  inundation.  We 
arrived  in  the  evening,  a  little  before  sunset,  at  Saratoga, 
the  seat  of  General  Schuyler,  distant  from  Albany  thirty- 
two  miles.  We  spent  the  whole  day  in  the  journey, 
occasioned  by  the  badness  of  the  roads,  and  the  delay 
the  wagons  met  with  in  crossing  two  ferries.  The  roads  at 
this  season  of  the  year  are  generally  bad,  but  now  worse 
than  ever,  owing  to  the  great  number  of  wagons  employed 
in  carrying  the  baggage  of  the  regiments  marching  into 
Canada,  and  supplies  to  the  army  in  that  country.  Gen- 
eral Schuyler  informed  me  that  an  uninterrupted  water- 
carriage  between  New  York  and  Quebec  might  be 
perfected  at  fifty  thousand  pounds  sterling  expense,  by 
means  of  locks,  and  a  small  canal  cut  from  a  branch  that 
runs  into  Wood  creek,  and  the  head  of  a  branch  which 
falls  into  Hudson's  river  ;  the  distance  is  not  more  than 
three  miles.  The  river  Richelieu  or  Sorel,  is  navigable 
for  batteaux  from  the  lake  Champlain  into  the  St.  Law- 
rence. The  rapids,  below  St.  John's,  are  not  so  consid- 
erable as  to  obstruct  the  navigation  of  such  vessels. 

The  lands  about  Saratoga  are  very  good,  particularly  the 
bottom  lands.  Hudson's  river  runs  within  a  quarter  of  a 
mile  of  the  house,  and  you  have  a  pleasing  view  of  it  for 
two  or  three  miles  above  and  below.  A  stream  called 
Fishkill,  which  rises  out  of  Luke  Saratoga,  about  six  miles 
from  the  general's  house,  runs  close  by  it,  and  turns 
several  mills  ;  one,  a  grist  mill,  two  saw  mills,  (one  of 
them  carrying  fourteen  saws,)  and  a  hemp  and  flax  mill. 
This  mill  is  a  new  construction,  and  answers  equally 
well  in  breaking  hemp  or  flax.      I   requested  the  gen- 

VOL.    1—34 


h 


A ' 


\ 


370 


Charles  Carroll  of  Carrollton. 


>>  I 


j< 


I .'  I 


i  J. 


r) 


»!'n 


' 


eral  to  get  a  model  made  for  me  by  the  person  who 
built  it.  Descriptions  of  machines  are  seldom  accurately 
made,  and  when  done  with  exactness  are  seldom  un- 
derstood. I  was  informed  by  the  general  that  it  is 
customary  for  the  great  proprietaries  of  lands  to  lease 
them  out  for  three  lives,  sometimes  on  fee-farm-rents,  re- 
serving by  way  of  rent,  a  fourth,  or,  more  commonly,  a 
tenth  of  all  the  produce  ;  but  the  proprietaries  content 
themselves  with  a  tenth  of  the  wheat.  On  every  trans- 
mutation of  property  from  one  tenant  to  another,  a 
quarter  part  of  what  the  land  seMs  for  is  sometimes  paid 
to  the  original  proprietary,  or  lord  of  the  manor.  The 
general  observed  to  me  that  this  was  much  the  most  ad- 
vantageous way  of  leasing  lands  ; — that  in  the  course  of  a 
few  years,  from  the  frequent  transmutation:  of  tenants, 
the  alienation  fines  would  exceed  the  purchase  of  the 
fee-simple,  though  sold  at  a  high  valuation.  General 
Schuyler  is  a  man  of  a  good  understanding  improved  by 
reflection  and  study  ;  he  is  of  a  very  active  turn,  and 
fond  of  husbandry,  and  when  the  present  distractions 
are  composed,  if  his  infirm  state  of  health  will  permit 
him,  will  make  Saratoga  a  most  beautiful  and  most  valu- 
able estate.  He  saws  up  great  quantities  of  plank  at 
his  mills,  which  before  this  war,  was  disposed  of  in  the 
neighborhood,  but  the  greater  part  of  it  sent  to  Albany. 

77///.  Generals  Thomas  and  Schuyler  set  off  this  morn- 
ing for  Lake  George  ;  the  former  to  be  in  readiness  to 
cross  the  lake  on  the  first  breaking  up  of  the  ice,  the  latter 
to  forward  the  embarkation  and  transportation  of  military 
stores  and  supplies. 

72///.  It  snowed  all  this  morning  until  eleven  o'clock  ; 
the  snow  above  six  inches  deep  on  the  ground  :  it  was  not 
oft"  the  neighboring  hills  when  we  left  Saratoga. 

i6t/i.     This  morning  we  set  off  from  Saratoga  ;  I  parted 


Appendix  B. 


371 


with  regret  from  the  amiable  family  of  General  Schuyler  ; 
the  ease  and  affability  with  which  we  were  treated,  and 
the  lively  behavior  of  the  young  ladies,  made  Saratoga  a 
most  pleasant  scjoiiy,  the  remembrance  of  which  will  long 
remain  with  me.  We  rode  from  Saratoga  to  McNeill's 
ferry,  [distance  two  miles  and  a  half,]  crossed  Hudson's 
river  at  this  place,  and  rode  on  to  one  mile  above  Fort 
Miller,  which  is  distant  from  McNeill's  two  miles.  A 
Mr.  Dover  has  a  country-seat  near  Fort  Miller  ;  you  see 
his  house  from  the  road.  There  is  a  very  considerable 
fall  in  the  river  at  Fort  Miller.  Just  above  it  our  bag- 
gage was  put  into  another  boat  ;  it  had  been  brought  in 
a  wagon  from  Saratoga  to  McNeill's,  carried  over  the 
ferry  in  a  wagon,  and  then  put  on  board  a  boat,  in  which 
it  was  conveyed  to  the  foot  of  Fort  Miller  falls  ;  then 
carried  over  land  a  quarter  of  a  mile  and  put  into  a 
second  boat.  At  a  mile  from  Fort  Miller  we  got  into  a 
boat  and  went  up  the  Hudson  river  to  Fort  Edward. 
Although  this  fort  is  but  seven  miles  distant  from  the 
place  where  we  took  boat,  we  were  above  four  hours  row- 
ing up.  The  current  is  exceedingly  rapid,  and  the  ra- 
pidity was  increased  by  a  freshet.  In  many  places  the 
current  was  so  strong  that  the  batteau  men  were  obliged 
to  set  up  with  poles,  and  drag  the  boat  by  the  painter. 
Although  these  fellows  were  active  and  expert  at  this 
business,  it  was  with  the  greatest  difficulty  they  could 
stem  the  current  in  particular  places.  The  congress 
keeps  in  pay  three  companies  of  batteau  men  on  Hud- 
son's river,  consisting  each  of  thirty-three  men  with  a 
captain; — the  pay  of  the  men  is  ;/^4.io  per  month. 
The  lands  bordering  on  Hudson's  river,  as  you  ap- 
proach Fort  Edward,  become  more  sandy,  and  the  prin- 
cipal wood  that  grows  on  them  is  pine.  There  are 
several  saw  mills  both   above  and  below    Fort    Miller, 


i 

y 


\< 


t. 


I 


372  Charles  Carroll  of  Carrollton. 


'm 


'h. 


Ml.!'< 


»t 


||>,  '' 


ik.li 


)        ', 


The  planks  sawed  at  the  mills  above  Fort  Miller  are 
made  up  into  small  rafts  and  left  without  guides  to  the 
current  of  the  river  ;  each  one  is  marked,  so  that  the 
raftmen  that  remain  just  below  Fort  Miller  falls,  watch- 
ing for  them  coming  down,  may  easily  know  their  own 
rafts.  When  they  come  over  the  falls  they  go  out  in 
canoes  and  boats  and  tow  their  rafts  ashore,  and  then 
take  them  to  pieces  and  make  them  again  into  larger  rafts. 
The  smaller  rafts  are  called  cribs.  The  ruins  only  of 
Fort  Edward  remain  ;  there  is  a  good  large  inn,  where  we 
found  quartered  Colonel  Sinclair's  regiment.  Mr.  Allen, 
son  of  old  Mr.  Allen,  is  lieutenant-colonel  ;  he  received 
us  very  politely,  and  accommodated  us  with  beds.  The 
officers  of  this  regiment  are  in  general  fine  sized  men,  and 
seemed  to  be  on  a  friendly  footing  ; — the  soldiers  also  are 
stout  fellows. 

lyth.  Having  breakfasted  with  Colonel  Allen,  we  set 
off  from  Fort  Edward  on  our  way  to  Fort  George.  We 
had  not  got  a  mile  from  the  fort  when  a  messenger  from 
General  Schuyler  met  us.  He  was  sent  with  a  letter  by 
the  general  to  inform  us  that  Lake  George  was  not  open, 
and  to  desire  us  to  remain  at  an  inn  kept  by  one  Wing  at 
seven  miles  distance  from  Fort  Edward  and  as  many  from 
P'ort  George.  The  country  between  Wing's  tavern  and 
Fort  Edward  is  very  sandy  and  somewhat  hilly.  The 
principal  wood  is  pine.  At  Fort  Edward  the  river  Hud- 
son makes  a  sudden  turn  to  the  westward  ;  it  soon  again 
resumes  its  former  north  course,  for,  at  a  small  distance, 
we  found  it  on  our  left  and  parallel  with  the  road  which 
we  travelled,  and  which,  from  Fort  Edward  to  Fort 
George,  lies  nearly  north  and  south.  At  three  miles,  or 
thereabouts,  from  Fort  Edward,  is  a  remarkable  fall  in 
the  river.  We  could  see  it  from  the  road,  but  not  so  as 
to  form  any  judgment  of  its  height.     We  were  informed 


»«sr." 


Appendix  B. 


373 


I, 


^ing  at 
ly  from 
Irn  and 
The 
Hud- 
again 
IstancG, 
which 
Fort 
lies,  or 
fall  in 
\\.  so  as 
formed 


that  it  was  upwards  of  thirty   feet,  and   is   called    the 
Kingsbury  falls.     We  could  distinctly  see  the  spray  aris- 
ing like  a  vapor  or  fog  from  the  violence  of  the  fall.  The 
banks  of  the  river,  above  and  below  these  falls  for  a  mile 
or  two,  are  remarkably  steep  and  high,  and  appear  to  be 
formed  or  faced,  with  a  kind  of  stone  very  much  resemb- 
ling  slate.      The  banks  of  the  Mohawk's  river  at  the 
Cohooes  are  faced  with  the  same  sort   of  stone  ; — it  is 
said  to  be  an  indication  of  sea-coal.     Mr.  Wing's  tavern 
is  in  the  township  of  Queensbury,  and  Charlotte  county  ; 
Hudson's  river  is  not  above  a  quarter  of  a  mile  from  his 
house.    There  is  a  most  beautiful  fall  in  the  river  at  this 
place.     From  still  water,  to  the  foot  of  the  fall,  I  imagine 
the  fall  cannot  be  less  than  sixty  feet,  but  the  full  is  not 
perpendicular ;  it  may  be  about  a  hundred  and  twenty  or 
a  hundred  and  fifty  feet  long,  and  in  this  length,  it  is 
broken  into  three  distinct  falls,  one  of  which  may  be 
twent-five  feet  nearly  perpendicular.     I  saw  Mr.  Wing's 
patent, — the  reserved  quit-rent  is  two  shillings  and  six- 
pence sterling  per  hundred  acres ;  but  he  informs  me  it 
has  never  been  yet  collected. 

i8th.  We  set  off  from  Wing's  tavern  about  twelve 
o'clock  this  day,  and  reached  Fort  George  about  two 
o'clock  ;  the  distance  is  eight  miles  and  a  half ; — you 
can  not  discover  the  lake  until  you  come  to  the  heights 
surrounding  it, — the  descent  from  which  to  the  lake  is 
nearly  a  mile  long  ; — from  these  heights  you  have  a  beau- 
tiful view  of  the  lake  for  fifteen  miles  down  it.  Its 
greatest  breadth  during  these  fifteen  miles  does  not 
exceed  a  mile  and  a  quarter,  to  judge  by  the  eye,  which 
however,  is  a  very  fallacious  way  of  estimating  distances. 
Several  rocky  islands  appear  in  the  lake,  covered  with 
a  species  of  cedar  called  here  hemlock.  Fort  George 
is  in  as  ruinous  a  condition  as  Fort  Edward,  it  is  a 


!!> 


'N'lhilifcl 


m 


IWi 


'•?  i 


374  Charles  Carroll  of  Carrollton, 

small  bastion,  faced  with  stone,  and  built  on  an  emi- 
nence commanding  the  head  of  the  lake.  There  are 
some  barracks  in  it,  in  which  the  troops  were  quartered, 
or  rather  one  barrack,  which  occupied  almost  the  whole 
space  between  the  walls.  At  a  little  distance  from 
this  fort,  and  to  the  westward  of  it,  is  the  spot  where 
the  Baron  Dieskau  was  defeated  by  Sir  William  John- 
son. About  a  quarter  of  a  mile  further  to  the  west- 
ward the  small  remains  of  Fort  William  Henry  are  to 
be  seen  across  a  little  rivulet  which  forms  a  swamp,  and 
is  the  morass  mentioned  by  Sir  William  Johnson  in  his 
account  of  the  action  with  Dieskau.  Fort  William  Henry 
was  taken  last  war  by  Montcalm  and  destroyed  ; — the 
garrison,  consisting  of  four  hundred  men,  and  sixteen 
hundred  others  that  were  intrenched  without  the  fort, 
capitulated  ; — a  considerable  part  of  these  men  were 
murdered  by  the  Indians,  on  their  march  to  Fort  Edward, 
after  they  had  delivered  up  their  arms,  according  to  the 
terms  of  capitulation.  The  bay  in  which  Montcalm 
landed  is  seen  from  Fort  George  ;  he  left  a  guard  of  five 
hundred  men  only  to  protect  his  boats  and  artillery,  and 
marched  round  over  the  heights  to  come  to  the  south- 
ward of  Fort  William  Henry.  When  on  these  heights, 
he  discovered  the  intrenched  body  without  the  fort, 
and  seeing  the  great  indiscretion  he  had  been  guilty 
of  in  leaving  so  small  a  force  to  guard  his  baggage 
and  boats,  he  rashly  marched  back  to  secure  them.  Had 
our  troops  attacked  Montcalm's  five  hundred  men,  they 
would  probably  have  defeated  them,  taken  his  cannon 
and  boats,  and  forced  him  to  surrender  with  his  whole 
army.  There  was  nothing  to  impede  the  attack  but 
want  of  enterprise  and  conduct  in  the  commanding 
officer.  The  neighborhood  of  Fort  George  abounds 
with  limestone,  and  so  indeed  does  all  the  country  sur- 


\'\ 


Appendix  B. 


375 


rounding  the  lake,  and  all  the  islands  in  it.  Their  rocky 
coast  and  bottom  contribute,  no  doubt,  to  the  clearness 
of  the  lake  water.  Never  did  I  see  water  more  trans- 
parent, and  to  its  transparency,  no  doubt,  must  be 
ascribed  the  excellency  of  the  fish  in  this  lake,  which 
much  exceed  the  fish  in  Lake  Champlain.  Lake  George 
abounds  with  perch,  trout,  rock,  and  eels. 

igth.  We  embarked  at  Fort  George  this  evening,  about 
one  o'clock,  in  company  with  General  Schuyler,  and 
landed  in  Montcalm's  bay  about  four  miles  from  Fort 
George.  After  drinking  tea  on  shore,  and  arranging 
matters  in  our  boats,  we  again  embarked,  and  went  about 
three  or  four  miles  further,  then  landed,  (the  sun  being 
set),  and  kindled  fires  on  shore.  The  longest  of  the 
boats,  made  for  the  transportation  of  the  troops  over 
lakes  George  and  Champlain,  are  thirty-six  feet  in  length 
and  eight  feet  wide ;  they  draw  about  a  foot  water  when 
loaded,  and  carry  between  thirty  and  forty  men,  and  are 
rowed  by  the  soldiers.  They  have  a  mast  fixed  in  them 
to  which  a  square  sail,  or  a  blanket  is  fastened,  but  these 
sails  are  of  no  use  unless  with  the  wind  abaft  or  nearly 
so.  After  we  left  Montcalm  bay  we  were  delayed  con- 
siderably in  getting  through  the  ice  ;  but,  with  the  help 
of  tentpoles,  we  opened  ourselves  a  passage  through  it 
into  free  water.  The  boats  fitted  up  to  carry  us  across 
had  awnings  over  them,  under  which  we  made  up  our 
beds,  and  my  fellow  travellers  slept  very  comfortably  ; 
but  this  was  not  my  case,  for  I  was  indisposed  the  whole 
night  with  a  violent  sickness  at  my  stomach  and  vom- 
iting, occasioned  by  an  indigestion.  We  left  the  place 
where  we  passed  the  night  very  early  on  the  20th. 

20ih.  We  had  gone  some  miles  before  I  rose ;  soon 
after  I  got  out  of  bed  we  found  ourselves  entangled  in  the 
ice.    We  attempted,  but  in  vain,  to  break  through  it  in 


n 


376  Charles  Carroll  of  Carrollton, 


!'J      ?    ! 


X\ 


i  \ 


I   ,  I 


Vv. 


'I  I 


one  place,  but  were  obliged  to  desist  and  force  our  pas- 
sage through  another,  which  we  effected  without  much 
dilificulty.  At  eight  o'clock  we  landed  to  breakfast.  After 
breakfast  the  general  looked  to  his  small  boat  ;  being 
desirous  to  reach  the  landing  at  the  north  end  of  Lake 
George,  we  set  off  together  ;  but  the  general's  boat  and 
the  other  boat,  with  part  of  the  luggage,  soon  got  before 
us  a  'considerable  way.  After  separating,  we  luckily  fell 
in  with  the  boat  bringing  the  Montreal  and  Canada  mail, 
by  which  we  were  informed  that  the  west  shore  of  the 
lake  at  a  place  called  Sabatay  point,  was  much  encum- 
bered with  ice,  but  that  there  was  a  free  passage  on  the 
east  side  ;  accordingly,  we  kept  along  the  east  shore,  and 
found  it  free  from  ice,  by  which  means  we  got  before  the 
general  and  the  other  boat  ;  for  the  general,  who  was 
foremost,  had  been  delayed,  above  an  hour  in  breaking 
through  the  ice,  and,  in  one  place,  was  obliged  to  haul  his 
boat  over  a  piece  or  neck  of  land  thirty  feet  broad.  Dr. 
Franklin  found  in  the  Canada  mail,  which  he  opened,  a 
letter  for  General  Schuyler.  When  we  had  weathered 
Sabatay  point,  we  stood  over  for  the  western  shore  of  the 
lake,  and  a  mile  or  two  below  the  point  we  were  overtaken 
by  the  general,  from  whom  we  learned  the  cause  of  his  de- 
lay. Mr.  Chase  and  myself  went  on  board  the  general's 
boat,  and  reached  the  landing  place  at  the  south  end  of 
Lake  George  near  two  hours  before  the  other  boats.  Lake 
George  lies  nearly  north  and  south,  or  rather,  as  I  think, 
somewhat  to  the  eastward  of  a  due  north  course.  Its 
shores  are  remarkably  steep,  high,  and  rocky  (particularly 
the  east  shore),  and  are  covered  with  pine  and  cedar,  or 
what  is  here  termed  hemlock ;  the  country  is  wild,  and 
appears  utterly  incapable  of  cultivation  ;  it  is  a  fine  deer 
country,  and  likely  to  remain  so,  for  I  think  it  never  will 
be  inhabited.     I  speak  of  the  shores,  and  I  am  told  the 


iV 


Appendix  B. 


ni 


inland  country  resembles  these.  The  lake,  in  its  greatest 
width,  does  not  exceed,  I  think,  two  miles  ;  the  widest 
part  is  nearest  the  north  end,  immediately  before  you 
enter  the  last  narrows,  which  are  not,  in  their  greatest 
width,  above  half  a  mile.  There  are  two  places  where 
the  lake  is  considerably  contracted,  one  about  the  middle 
of  it,  the  other,  as  I  have  said,  at  the  north  end  ;  this  last 
gradually  contracts  itself  in  breadth  to  the  size  of  an  in- 
considerable river,  and  suddenly,  in  depth,  to  that  of  a 
very  shallow  one.  The  landing-place  of  Lake  George  is 
a  few  yards  to  the  southward  of  the  first  fall  or  ripple  in 
this  river,  through  which  the  waters  of  Lake  George 
drain  into  Lake  Champlain.  We  passed  through  this 
ripple,  and  though  our  boat  did  not  draw  above  seven  or 
eight  inches,  her  bottom  raked  the  rocks  ;  the  water  ran 
through  this  passage  about  as  swift  as  it  does  throjgh 
your  tail  race.  From  the  landing-place  <^o  Tirjuderoga 
is  three  miles  and  a  half.  The  boats,  in  comii>g  through 
Lake  George,  pass  through  the  passage  just  described  and 
unload  at  a  quarter  of  a  mile  below  the  usual  landing- 
place.  Their  contents  are  then  put  into  wagons,  and 
carried  over  to  Ticonderoga.  General  Schuyler  has 
erected  a  machine  for  raising  the  boats  when  emptied, 
and  then  letting  them  gently  down  on  a  carriage  con- 
structed for  the  purpose,  on  which  they  are  drawn  over 
land  to  Ticonderoga,  on  Lake  Champlain,  to  carry  the 
troops  over  the  last  mentioned  lake,  and  down  the  Sorel 
into  the  river  St.  Lawrence.  These  carriages  consist  of 
four  wheels,  united  by  a  long  sapling,  at  the  extremities 
of  which  the  wheels  are  placed  ;  over  the  axletrees  is 
fixed  a  piece  of  wood,  on  which  each  end  of  the  boat  is 
supported  and  made  fast  by  a  rope  secured  round  a  bolt 
at  the  undermost  part,  and  in  the  centre  of  the  axletree. 
This  bolt  is  made  of  iron,  and  passes  through  the  afore- 


ii 


\ 


?1 


u, 


378  Charles  Carroll  of  Carrollton, 


i. 


r,  I 


'i 


said  pieces  of  wood  and  the  axeltree.  These  carriages 
are  drawn  by  six  oxen,  and  this  morning  (21st  instant)  1 
saw  three  or  four  boats  carried  over  upon  them.  Lake 
George,  from  the  south  end  of  it  to  the  landing  place  at 
the  north  extremity,  is  thirty-six  miles  long.  Its  average 
width  does  not,  I  think,  exceed  a  mile,  and  this  breadth 
is  interspersed  and  broken  by  innumerable  little  rocky 
islands  formed  of  limestone  ;  the  shores  of  which  are 
commonly  so  steep  that  you  may  step  from  the  rocks  into 
ten  or  twelve  feet  water.  The  season  was  not  sufficiently 
advanced  to  admit  of  catching  fish,  a  circumstance  we 
had  reason  to  regret,  as  they  are  so  highly  praised  by  the 
connoisseurs  in  good  eating,  and  as  one  of  our  company 
is  so  excellent  a  judge  in  this  science.  There  are  no 
considerable  rivers  that  empty  themselves  into  Lake 
George.  We  saw  some  brooks  or  rivulets,  which,  I  pre- 
sume, after  the  melting  of  the  snows,  are  almost  dry. 
The  lake  must  be  fed,  principally,  with  springs,  the  melt- 
ing of  snows,  and  the  torrents  that  must  pour  into  it, 
from  its  high  and  steep  shores,  after  rains.  As  there  is 
no  considerable  river  that  flows  into  it,  so  is  the  vent  of 
its  waters  into  Lake  Champlain  very  inconsiderable.  In 
summer  you  may  step,  dry-footed,  from  rock  to  rock,  in 
the  place  which  I  have  called  the  first  ripple,  and  which 
I  said  we  passed,  coming  out  of  Lake  George.  The 
water  suddenly  shallows  from  a  great  depth  to  nine  or 
ten  feet  or  less.  This  change  is  immediately  discoverable 
by  the  great  change  in  the  color  of  the  water.  I'he  lake 
water  is  of  a  dark  bluish  cast,  and  the  water  of  the  river 
of  a  whitish  color,  owing  not  only  to  the  difference  of  the 
depth,  but  the  difference  of  the  bottoms  and  shores, 
which,  adjoining  the  river,  are  of  white  clay. 

2ist.     I  took  a  walk  this  evening  to  the  saw-mill  which 
is  built  on  the  principal  fall  of  the  river  flowing  from 


i^<i 


u- 


Appendix  D. 


379 


which 
from 


Lake  George  into  Lake  Champlain.  At  the  foot  of  lliis 
fall,  which  is  about  thirteen  feet  high,  the  river  is  navi- 
gable forbatteaux  into  Lake  Champlain.  From  the  saw- 
mill to  the  place  where  the  batteaux  are  put  on  carriages 
to  be  carried  over  land,  the  distance  is  one  mile  and  a 
half.  I  saw  them  unload  a  boat  from  the  carriage,  and 
launch  it  at  the  same  time,  into  the  river  ;  this  was  per- 
formed by  thirty-five  or  forty  men.  To  day  they  carried 
over  this  portage  fifty  batteaux.  I  saw  the  forty-eighth 
put  on  the  carriage.  A  little  to  the  north-westward  of 
the  saw-mill,  on  the  west  side  of  the  river,  I  visited 
the  spot  where  Lord  Howe  was  killed.  At  a  .small 
expense  a  continued  navigation  for  batteaux  might 
be  made  between  the  Lakes  George  and  Champlain,  by 
means  of  a  few  locks.  General  Schuyler  informed  me 
that  locks,  sufficient  and  adequate  to  the  above  purpose, 
might  be  constructed  for  fifteen  hundred  pounds  sterling. 
There  are  but  four  or  five  falls  in  this  river,  the  greatest 
of  which  is  not  above  fourteen  or  fifteen  feet.  But  the 
general  informs  me  a  much  more  advantageous  water 
carriage  may  be  opened  through  Wood  creek,  which  falls 
into  Lake  Champlain  at  Skeensborough,  twenty-eight 
miles  south  of  Ticonderoga.  The  general  proposes  to 
have  this  creek  accurately  surveyed,  the  heights  ascer- 
tained, and  estimate  made  of  the  expense  of  erecting 
locks  on  Wood  creek,  and  the  most  convenient  branch 
which  heads  near  it  and  falls  into  Hudson's  river.  If 
this  water  communication  between  Lake  Champlain  and 
the  province  of  New  York  should  be  perfected,  there  is 
little  danger  of  the  enemy's  gaining  the  mastery  of  Lake 
Champlain,  or  of  their  ever  having  it  in  their  power  to 
invade  these  colonies  from  Canada  with  any  prospect  of 
success,  besides  the  security  which  will  be  obtained  for 
the  colonies  in  time  of  war  by  making  this  navigation. 


'  i 


.',,1 


380  Charles  Carroll  of  Carrollton. 


^\ 


\: 


■), 


I 


»it 


\\y. 


t\ 


H'; 


Trade,  during  peace,  will  be  greatly  benefited  by  it,  as 
there  will  then  be  a  continued  water  communication 
between  New  York  and  Canada,  without  the  incon- 
venience and  expense  attending  the  portages  over  land. 
23nd.  I  this  morning  took  a  ride  with  General  Schuy- 
ler across  the  portage,  or  from  the  landing  place  at  the 
bottom  of  Luke  George,  to  Ticonderoga.  The  landing 
place  is  properly  on  the  river  which  runs  out  of  Lake 
George  into  Lake  Champlain,  and  may  be  a  mile  and  a 
half  from  the  place  where  the  former  may  be  said  to 
terminate,  /.  ^.,  where  the  lake  is  contracted  into  a  river, 
as  a  current  and  shallow  water.  This  river,  computing 
its  length  from  the  aforesaid  spot  to  the  foot  of  the  falls 
at  the  saw-mills,  and  its  windings,  which  are  inconsider- 
able, is  not  more  than  four  or  five  miles  long.  From  the 
foot  of  the  saw-mill  falls  there  is  still  water  into  Lake 
('hamplain.  It  is  at  the  foot  of  these  falls  that  the  bat- 
teaux,  brought  over  land,  are  launched  into  the  water, 
and  the  artillery  and  the  apparatus  belonging  to  it  are 
embarked  in  them  ;  the  stores,  such  as  provisions,  ball, 
powder,  &c.,  are  embarked  from  Ticonderoga.  At  sixty 
or  seventy  yards  below  the  saw-mill  there  is  a  bridge 
built  over  the  river  : — this  bridge  was  built  by  the  king 
during  the  last  war  ; — the  road  from  the  landing  place  to 
Ticonderoga  passes  ove:  it,  and  you  then  have  the  river 
on  the  right  ;  when  you  have  passed  the  bridge  you  im- 
mediately ascend  a  prei.i«  high  hill,  and  keep  ascending 
till  you  reach  the  famous  lines  made  by  the  French  in 
the  last  war,  which  Abercrombie  was  so  infatuated  as  to 
attack  with  musquetry  only  ; — his  cannon  was  lying  at  the 
bridge,  about  a  mile  or  something  better  from  these  lines. 
The  event  of  the  day  is  too  well  known  to  be  mentioned  ; 
we  lost  [killed  and  wounded]  near  one  thousand,  six 
hundred  men ;   had  the  cannon  been  brought  up,  the 


\i\ 


Appendix  B. 


38' 


French  would  not  have  waited  to  be  attacked  ; — it  was 
morally  impossible  to  succeed  against  these  lines  with 
small  arms  only,  particularly  in  the  manner  they  were 
attacked  ; — our  army  passing  before  them,  and  receiving 
a  fire  from  the  whole  extent ; —  whereas,  had  it  marched 
lower  down,  or  to  the  north-west  of  these  lines,  it  would 
have  flanked  them  : — they  were  constructed  of  large 
trunks  of  trees,  felled  on  each  other,  with  earth  thrown 
up  against  them.  On  the  side  next  the  French  troops, 
they  had,  besides  felling  trees,  lopped  and  sharpened 
their  branches,  and  turned  them  towards  the  enemy  ;  the 
trunks  of  the  trees  remain  to  this  day  piled  up  as  de- 
scribed, but  are  fast  going  to  decay.  As  soon  as  you 
enter  these  lines  you  have  a  full  view  of  Lake  Champlain 
and  Ticonderoga  fort,  distant  about  a  quarter  of  a  mile. 
The  land  from  thence  gradually  declines  to  the  sjjot  on 
which  the  fort  is  built.  Lake  Champlain  empties  itself 
opposite  the  fort,  and  runs  south  twenty-eight  miles  to 
Skeensborough.  Crown  Point  is  fifteen  miles  down  the 
lake  from  Ticonderoga.  The  lake  is  no  where  broad  in 
sight  of  the  last  mentioned  place,  but  the  prospect  from 
it  is  very  pleasing  ;  its  shores  are  not  as  steep  as  those 
of  Lake  George.  They  rise  gradually  from  the  water, 
and  are  covered  more  thickly  with  woods,  which  ^row  in 
good  soils,  or  at  least  in  soils  much  better  than  can  be 
seen  on  Lake  George.  There  is  but  one  settlement  on 
the  latter,  at  Sabatay  point ;  I  understood  there  were 
about  sixty  acres  of  good  land  at  that  point.  Ticon- 
deroga fort  is  in  a  ruinous  condition  ;  it  was  once  a 
tolerable  fortification.  The  ramparts  are  faced  with 
stone.  I  saw  a  few  pieces  of  cannon  mounted  on  one 
bastion,  more  for  show,  I  apprehend,  than  service.  In 
the  present  state  of  affairs  this  fort  is  of  no  other  use 
than  as  an  entrepdt  or  magazine  for  stores,  as  from  this 


\H 


M 


ii  !»i 


■*  < 


382  Charles  Carroll  of  Carroltton. 

place  all  supplies  for  our  army  in  Canada  are  shipped  to 
go  down  Lake  Champlaia.  I  saw  four  vessels,  viz.:  three 
schooners  and  one  sloop  ;  these  are  to  be  armed,  to  keep 
the  mastery  of  the  lake  in  case  we  should  lose  St.  John's 
and  be  driven  out  of  Canada  ; — in  the  meantime  they 
will  be  employed  in  carrying  supplies  to  our  troops  in 
that  country.  Of  these  three  schooners,  two  were  taken 
from  the  enemy  on  the  surrender  of  St.  John's,  one  of 
them  is  called  the  Royal  Savage,  and  is  pierced  for  twelve 
guns  ;  she  had,  when  taken,  twelve  brass  pieces — I  think 
four  and  six  pounders  ;  these  were  sent  to  Boston.  She 
is  really  a  fine  vessel,  and  built  on  purpose  for  fighting  ; 
however,  some  repairs  are  wanted  ;  a  new  mainmast  must 
be  put  in,  her  old  one  being  shattered  with  one  of  our 
cannon  balls.  When  these  vessels  are  completely  rigged, 
armed  and  manned,  we  may  defy  the  enemy  on  Lake 
Champlain  for  this  summer  and  fall  at  least,  even  should 
we  unfortunately  be  driven  out  of  Canada.  When  our 
small  army  last  summer,  or  rather  fall,  [in  number  about 
one  thousand  seven  hundred,]  came  to  Isle  aitx  Noix, 
this  vessel  was  almost  ready  to  put  to  sea,  she  wanted 
only  as  much  to  be  done  to  her  as  could  easily  have  been 
finished  in  three  days,  had  the  enemy  exerted  themselves. 
Had  she  ventured  out  our  expedition  to  Canada  must 
have  failed,  and  probably  our  whole  army  must  have  sur- 
rendered, for  she  was  greatly  an  overmatch  for  all  the 
naval  strength  we  then  had  on  the  lake.  Had  Preston, 
who  commanded  at  St.  John's  ventured  out  with  his  gar- 
rison, consisting  of  six  hundred  men,  and  attacked  our 
people  at  their  first  landing,  he  would,  in  all  probability, 
have  defeated  them,  as  they  were  a  mere  'ndisciplined 
rabble,  made  up  chiefly  of  the  oflfings  and  outcasts  of 
New  York. 

2jrd.     We  continued  this  day  at  the  landing  place,  our 


1  /■ 


Appe7idix  JJ, 


383 


boats  not  being  yet  ready  and  fitted  to  carry  us  through 
Lake  Champlain.  (leneral  Schuyler  and  the  troops  were 
busily  engaged  in  carting  over  land,  to  the  saw-mill,  the 
batteaux,  cannon,  artillery  stores,  provisions,  &c.,  there 
to  be  embarked  on  the  navigable  waters  of  Lake  Cham- 
plain,  and  transported  over  that  Lake  to  St.  John's. 

24th.  We  this  day  left  the  landing  place  at  Lake 
George  and  took  boat  at  the  sawmill.  From  the  saw- 
mill to  Ticonderoga,  the  distance,  by  water,  is  about  a 
mile ;  the  water  is  shallow,  but  sufficiently  deep  for 
batteau  navigation.  A  little  below  the  bridge  before 
mentioned,  the  French,  during  the  last  war,  drove  pick- 
ets into  the  river,  to  prevent  our  boats  getting  round 
from  the  saw-mill  to  Ticonderoga  with  the  artillery  ; 
some  of  the  pickets  still  remain,  for  both  our  boats  struck 
on  them.  Ticonderoga  fort  is  beautifully  situated,  but, 
as  I  said  before,  it  is  in  a  ruinous  condition  ; — neither  is 
the  place,  in  my  opinion,  judicially  chosen  for  the  con- 
struction of  a  fort  ;  a  fort  constructed  at  the  saw-mill 
would  much  better  secure  the  passage  or  pass  into  the 
province  of  New  York  by  way  of  Lake  George,  Having 
waited  at  Ticonderoga  an  hour  or  two,  to  take  in  provi- 
sions for  the  crfv's  of  both  boats,  consisting  entirely  of 
soldiers,  w«?  er  j..iked  at  eleven  o'clock,  and  reached 
Crown  Point  a  little  after  three,  with  the  h^^lp  of  our  oars 
only.     C'O'vn  Point  is  distant  from  Ticonderoga  only 


fifteen  ini'  js,     The  lake,  all  the  way, 


one  part  to 


another,  is  jarrow,  scarce  exceeding  a  mile  on  an  average. 
Crown  Poi'it  is  situated  on  a  neck  or  isthmus  of  land,  on 
the  west  side  of  the  lake  ;  it  is  in  ruins  ;  it  was  once  a 
considerable  foriress,  and  the  Knglish  must  have  ex- 
pended a  large  sum  in  constructing  the  fort  and  erecting 
the  Lrirracks,  which  are  also  in  rulnh.  A  great  part  of 
the  ditch  is  cut  out  of    he  io'id  limestone  rock.     This 


Wr 


■^ 


n 


".t: 


,m 


4 


384         Charles  Carroll  of  Carrollton. 

ditch  was  made  by  blowing  the  rocks,  as  the  holes  bored 
for  the  gunpowder  are  plainly  to  be  seen  in  the  fragments. 
By  some  accident  the  fort  took  fire,  the  flames  communi- 
cated to  the  powder  magazine,  containing  at  that  time 
ninety-six  barrels.  The  shock  was  so  great  as  to  thrt  vv 
down  the  barracks — at  least  the  upper  stories.  The 
explosion  was  distinctly  heard  ten  miles  off,  and  the  earth 
shook  at  that  distance  as  if  there  had  been  an  earthquake. 
This  intelligence  I  received  from  one  Faris,  who  lives 
ten  miles  down  the  lake,  and  at  whose  house  we  lay  this 
night.  The  woodwork  of  the  barracks  is  entirely  jo  1- 
sumed  by  fire,  but  the  stonework  of  the  first  sto. ?i 
might  be  easily  repaired,  and  one  of  these  barracks  might 
be  converted  into  a  fine  manufactory.  The  erecting  of 
these  barracks  and  the  fort  must  have  cost  the  govern- 
ment not  less,  I  dare  say,  than  one  hundred  t^iousand 
pounds  sterling.  The  lake  is  narrow  opposite  tlie  fort, 
and  makes  a  bend,  by  which  the  vessels  passing  on  the 
lake  were  much  exposed  to  the  artillery  of  the  fort ;  and 
this  advantageous  situation  first  induced  the  French,  and 
then  the  English,  to  erect  a  fort  here.  The  French  fort 
was  inconsiderable,  and  close  to  the  water  ;  the  English 
fort  is  a  much  more  extensive  fortification  and  farther 
from  the  lake,  but  so  as  to  command  it. 

2^th.  We  set  off  from  Faris's  at  five  o'clock  in  the 
morning.  If  Faris's  information  may  be  relied  on,  his 
land  and  the  neighboring  lands  are  exceedingly  fine  ; 
— he  told  us  he  had  reaped  thirty  bushels  of  wheat 
from  the  acre  ;  the  soil  appears  to  be  good  ;  but,  to 
judge  of  it  from  its  appearance,  I  should  not  think  it  so 
fertile.  Three  miles  north  of  Faris's  the  lake  begins  to 
contract  itself,  and  this  contraction  continues  for  six 
miles,  and  is  called  the  narrows.  At  Faris's  the  lake  is 
about  two  miles  wide.     We  breakfasted  in  a  small  co;'e 


Appendix  B. 


385 


bored 
ments. 
imuni- 
t  time 
threw 
The 
;  earth 
quake. 
0  lives 
iay  this 
ly   joi- 

StOV I ?  i 

s  might 
^.ting  of 
eovetn- 
\ousand 
[he  fort, 
;  oil  the 
rt ;  and 
ich,  and 
ich  fort 
English 
farther 

in  the 
on,  his 

ly  fine  ; 
wheat 
but,  to 

Ink  it  so 

igins  to 

for  six 

lake  is 

In  co;'e 


I 


at  a  little  distance  to  the  southward  of  the  Split  rock. 
The  Split  rock  is  nine  miles  from  Faris's  house.  At  the 
Split  rock  the  lake  grows  immediately  wider  as  you  go 
down  it ;  its  width,  in  this  place,  cannot  be  much  short 
of  seven  miles.  When  we  had  got  four  or  five  miles 
from  the  rock,  the  wind  headed  us,  and  blew  a  fresh 
gale,  which  occasioned  a  considerable  swell  on  the  lake, 
the  wind  being  northeast,  and  having  a  reach  of  twenty 
miles.  We  were  constrained  to  put  in  at  one  McCaully's 
where  we  dined  on  cold  provisions.  The  wind  abating 
about  four  o'clock,  we  put  off  again  and  rowed  seven 
miles  down  the  lake  to  a  point  of  land  a  mile  or  two  to 
the  southward  of  four  islands,  called  the  Four  Brothers  ; 
these  islands  lie  nearly  in  the  middle  of  the  lake  which 
is  very  wide  in  this  place,  and  continues  so  far  as  you 
can  see  down  it,  Mr.  Chase  and  I  slept  this  night  on 
shore  under  a  tent  made  of  bushes. 

26th.  We  set  off  this  morning  at  four  o'clock  from 
the  last  mentioned  point,  which  I  called  "  Commissioners' 
point."  Wind  fair  ;  a  pretty  breeze.  At  five  o'clock 
reached  Schuyler's  island ;  it  contains  eight  hundred 
acres  and  belongs  to  Montreson,  distant  seven  miles 
from  the  Four  Brothers.  Schuyler's  island  lies  near  the 
western  shore.  The  lake  continues  wide  ;  at  ten  o'clock 
got  to  Cumberland  head,  fourteen  miles  from  Schuyler's 
island.  Cumberland  head  is  the  south  point  of  Cumber- 
land bay.  The  bay  forms  a  deep  recess  on  the  western 
side  of  the  lake  ;  its  length,  from  Schuyler's  island,  at 
the  point  of  land  opposite  to  it,  to  Cumberland  head-land 
is  fourteen  miles,  and  its  depth  not  less  than  nine  or  ten 
miles.  The  'nd  luckily  favored  us  until  we  reached 
Cumberland  head  ;  it  then  ceased  ;  it  grew  cloudy  and 
soon  began  to  rain,  and  the  wind  shifted  to  the  north- 
east.   We  breakfasted  at  Cumberland  head  on  tea  and 

VOL.  I.— 35 


386  Charles  Carroll  of  Carrollton. 


iff! 


!^   ' 


i%- 


J  'f ( 


good  biscuit,  our  usual  breakfast,  having  provided  our- 
selves with  the  necessary  furniture  for  such  a  breakfast. 
As  soon  as  it  cleared  up  we  rowed  across  a  bay,  about 
four  miles  wide,  to  Point  aux  Roches,  so  called  from  the 
rocks  of  which  it  is  formed.  Indeed  it  is  one  entire 
stone  wall,  fifteen  feet  high,  but  gradually  inclining  to 
the  north-east.  At  that  extremity  it  is  little  above  the 
water  Having  made  a  short  stay  at  this  place  to  refresh 
our  n  1,  we  rowed  round  the  point,  hugged  the  western 
shore,  ...>i  ^'^ot  into  a  cove  which  forms  a  very  safe 
harbor.  yj\  the  ground  being  low  and  swampy,  and  no 
cedar  or  hemlock  trees,  of  the  branches  of  which  our 
men  formed  their  tents  at  night,  we  thought  proper  to 
cross  over  to  Isle  la  Motte,  bearing  from  us  about  north- 
east, and  distant  three  miles.  The  island  is  nine  miles 
long  and  one  broad.  The  south-west  side  of  it  is 
high  land,  and  the  water  is  deep  close  in  shore,  which  is 
rocky  and  steep.  We  lay  under  this  shore  all  night  in  a 
critical  situation,  for  had  the  wind  blown  hard  in  the 
night,  from  the  west,  our  boats  would  probably  have 
been  stove  against  the  rocks.  We  passed  the  night  on 
board  the  boats,  under  the  awning  which  had  been  fitted 
up  for  us.  This  awning  could  effectually  secure  us 
from  the  wind  and  rain,  and  there  was  space  enough 
under  it  to  make  up  four  beds.  The  beds  we  were  prov- 
ident enough  to  take  with  us  from  Philadelphia.  We 
found  them  not  only  convenient  and  comfortable,  but 
necessary  ;  for,  without  this  precaution,  persons  travelling 
from  the  colonies  into  Canada  at  this  season  of  the  year, 
or  indeed  at  any  other,  will  find  themselves  obliged 
either  to  sit  up  all  night,  or  to  lie  on  the  bare  ground  or 
planks.  Several  of  the  islands  in  Lake  Champlain  have 
different  claimants,  as  patents  have  been  granted  by  the 
French  government  and  the  government  of  New  York. 


Appendix  B, 


387 


According  to  the  present  division,  most  of  them,  indeed 
all,  except  Isle  aux  Noix,  are  in  the  colony  of  New  York. 
2jth.  A  fine  morning.  We  left  our  nation's  station 
at  four  o'clock,  and  rowed  ten  miles  to  Point  aux  Fety 
so  called  from  some  iron  mines  at  no  great  distance  from 
it  ;  the  land  here,  and  all  the  adjacent  country,  is  very 
flat  and  low.  Colonel  Christie  has  built  a  house  at  this 
point,  which  is  intended  for  a  tavern  ;  the  place  is  judi- 
ciously chosen.  A  small  current  begins  here,  and  the 
raftsmen  are  not  obliged  to  row  ;  after  they  bring  their 
rafts  to  Point  aux  Fer^  the  current  will  carry  them  in  a  day 
to  St.  John's,  which  is  distant  from  this  point  thirty 
measured  miles.  Windmill  point  is  three  miles  below 
Point  aux  Fer  ;  and,  a  mile  or  two  below  the  former,  runs 
the  line  which  divides  the  province  of  Quebec  from  New 
York.  At  Windmill  point  the  lake  begins  to  contract  itself 
to  the  size  of  a  river,  but  of  a  large  and  deep  one.  Oppo- 
site to  this  point  the  width  can  not  be  much  short  of  two 
miles ;  six  miles  below  Windmill  point  you  meet  with  a 
small  island  called  Isie  aux  Tites :  from  a  number  of  headr 
that  were  stuck  upon  poles  by  the  Indians  after  a  great 
battle  that  was  fought  between  them  on  this  island  or  near 
it.  At  this  island  the  current  is  not  only  perceptible,  but 
strong.  We  went  close  by  the  island  and  in  shallow  water, 
which  gave  us  a  better  opportunity  of  observing  the  swift- 
ness of  the  current.  A  mile  or  two  below  this  island,  we 
breakfasted  at  a  tavern  kept  by  one,  Stodd.  At  Isle 
aux  TiteSy  the  river  Richelieu^  or  St.  John's,  or  Sorel  (for 
it  goes  by  all  these  names),  may  be  properly  said  to  begin. 
It  is  in  this  place  above  a  mile  wide,  deep,  and  the  cur- 
rent considerable  ; — its  banks  are  almost  level  with  the 
water, — indeed,  the  water  appears  to  be  rather  above  the 
banks  ;  the  country  is  one  continued  swamp,  overflowed 
by  the  river  at  this  season  ;  as  you  approach  St.  John's 


^  1] 


388  Charles  Carroll  of  Carrollton. 


' 


?'lf- 


ii 


u  • 


the  current  grows  stronger,  /s/e  aux  Noix  is  half  way  be- 
tween St,  John's  and  Point  aux  Fer,  and  consequently 
fifteen  miles  from  each  ;  we  passed  close  by  it :  it  is  very 
level  and  low,  covered  at  the  north  end  with  hazel  bushes  ; 
but  the  land  is  higher  than  the  banks  of  the  river.  We 
saw  the  intrenchments  thrown  up  by  the  French  during 
the  last  war,  and  the  remains  of  the  pickets  driven  into 
the  river,  quite  across  to  the  island,  to  prevent  the  Eng- 
lish boats  from  getting  down  to  St.  John's.  These  forti- 
fications induced  Gen'l  Amherst  to  penetrate  into  Canada 
by  Oi'  ^o  lake  and  the  St.  Lawrence,  rather  than  run  the 
hazard  of  being  stopped  at  Isle  aux  Noix.  Indeed  I 
believe  he  would  have  found  it  a  difficult  matter  to  force 
his  wa;  through  this  pass,  which  appears  to  me  of  great 
consequence  in  the  present  contest,  should  the  forces  of 
the  United  Colonies  be  obliged  to  evacuate  Canada  ;  for 
if  we  occupy  and  fortify  this  island,  drive  pickets  into  the 
river,  and  build  row  galleys,  and  place  them  behind  the 
pickets,  or  between  the  little  islets  formed  by  the  several 
smaller  islands,  almost  contiguous  to  Isle  aux  Noix,  the 
enemy  will  not  be  able  to  penetrate  into  the  colonies  from 
Canada  by  the  way  of  Lake  Champlain.  It  is  certain 
that  Amherst,  rather  than  expose  himself  to  the  disgrace 
of  being  foiled  at  this  post,  chose  to  make  a  roundabout 
march  of  several  hundred  leagues,  and  encounter  the 
rapids  of  the  St.  Lawrence,  by  which  he  lost  some  of  his 
boats  and  several  hundred  men.  Having  passed  the 
Isle  aux  Noix,  the  wind  sprang  up  in  our  favor  ; — assisted 
by  the  wind  and  current,  we  reached  St.  John's  at  three 
o'clock.  Kef  ore  I  speak  of  this  fortress,  it  may  not  be 
improper  to  make  some  remarks  on  the  navigation  of  Lake 
Champlain,  the  adjacent  country,  and  its  appearance.  The 
.  vigation  appears  to  be  very  secure,  as  there  are  many 
inlets,  coves,  and  harbors,  in  which  such  vessels  as  will 


Appendix  B. 


389 


be  used  on  the  lake  may  at  all  times  find  shelter  ;  the 
water  is  deep,  at  least  wherever  we  touched,  close  in  with 
the  land.  There  are  several  islands  in  the  lake,  the  most 
considerable  of  which  we  saw  ;  the  principal  is  Grand 
isle^ — it  deserves  the  appellation,  being,  as  we  were  in- 
formed, twenty-seven  miles  long,  and  three  or  four  miles 
wide.  Isle  la  Motte  is  the  next  largest  and  Isle  le  Belle 
Cour  ranks  after  that.  Isle  la  Molte  we  touched  at ;  the 
others  we  could  plainly  distinguish.  We  saw  several  of 
the  islands  on  the  eastern  shore  of  the  lake,  some  of 
which  appear  as  large  as  Poplar's  island  ;  but  having  no 
person  on  board  our  boats  acquainted  with  the  lake,  we 
could  not  learn  their  names.  The  lake,  on  an  average, 
may  be  six  miles  broad  ;  in  some  places  it  is  above  fifteen 
miles  wide,  particularly  about  Cumberland  bay  and  Schuy- 
ler's island  ;  but  in  others  it  is  not  three  miles,  and  in  the 
narrows  not  above  a  mile  and  a  half,  to  judge  by  the  eye. 
As  you  go  down  the  lake,  the  mountains  which  hem  it 
in  on  the  east  and  west  extend  themselves  wider,  and 
leave  a  greater  extent  of  fine  level  land  between  them 
and  the  lake  on  each  shore.  Some  of  these  mountains 
are  remarkably  high.  In  many  places,  on  or  near  their 
tops,  the  snow  still  remains.  They  form  several  pictur- 
esque views,  and  contribute  much,  in  my  opinion,  to  the 
beauty  of  the  lake.  The  snow  not  dissolving,  in  their 
latitude,  at  the  end  of  April,  is  a  proof  of  their  height  : — 
the  distance  at  which  some  of  these  mountains  are  visible 
is  a  still  stronger  proof.  Several  of  them  may  be  distinctly 
seen  from  Montreal,  which  can  not  be  at  a  less  distance 
from  the  most  remote  than  seventy  or  eighty  miles,  and, 
I  am  inclined  to  think,  considerably  further.  If  America 
should  succeed,  and  establish  liberty  throughout  this 
part  of  the  continent,  I  have  not  the  least  doubt  that  the 
lands  bordering  on  Lake  Champlain  will  be  very  valua- 


390         Charles  Carroll  of  Carrollton. 


lynlj 


\'f 


1 1'^' 


/  ): 


, 


ble  in  a  short  time,  and  that  great  trade  will  be  carried 
on  over  Lake  Champlain,  between  Canada  and  New  York. 
An  easy  water  communication  may  be  opened,  at  no  great 
expense,  (if  General  Schuyler  be  not  mistaken)  between 
the  cities  of  New  York,  Montreal,  and  Quebec,  and 
several  other  places  in  Canada.  Richelieu^  or  Sorel  river 
from  Isle  aux  Tetes  to  St.  John's,  would  be  esteemed  a 
large  river  even  in  Maryland.  The  navigation  of  it  be- 
tween those  places  is  good,  for  the  current  is  not  so 
strong  as  not  to  be  stemmed  with  oars,  or  a  wind.  At 
St.  John's  the  current  is  very  rapid,  and  continues  so, 
sometimes  more,  sometimes  less,  to  Chamblay, — distant 
twelve  miles  from  St.  John's.  Opposite  St.  John's,  I 
think  the  river  is  half  a  mile  wide. 

The  fortifications  of  St.  John's  were  not  injured  by  the 
siege, — they  consist  of  earth  ramparts,  enclosed  by  a 
ditch  filled  with  water ;  palisadoes,  closely  joined  to- 
gether, are  fastened  at  the  base  of  the  ramparts,  and  con- 
fined by  the  weight  of  them  projecting  half  way  over  the 
ditch,  to  prevent  an  escalade.  There  are,  properly 
speaking,  two  forts,  built  around  some  houses,  which 
were  converted  into  magazines  and  barracks  ;  the  com- 
munication between  the  two  is  secured  by  a  strong  en- 
closure of  large  stakes  driven  deep  into  the  ground,  and 
as  close  as  they  can  stand  together.  A  ditch  runs  along 
this  fence.  The  houses  within  the  forts  suffered  much 
from  our  batteries  which  surrounded  the  forts,  but  the 
cannon  was  not  heavy  enough  to  make  any  impression 
on  the  works.  Want  of  ammunition  and  provisions,  and 
the  inclemency  of  the  season,  obliged  the  garrison  to 
surrender  ;  for  the  soldiers  were  constrained  to  hide  them- 
selves in  the  cellars,  which  are  bomb-proof,  or  lie  behind 
the  mounds  of  earth  thrown  up  within  the  forts,  exposed 
to  the  severity  of  the  cold  and  rains,  or  run  the  risk  of 


Ml 


Appendix  B. 


39^ 


having  their  brains  beaten  out  in  the  houses  by  our  shot, 
or  by  a  fragment  of  the  walls  and  timbers,  and  bursting  of 
the  bombs.  As  you  go  down  the  river  from  Point  au  Per 
to  St.  John's,  you  have  a  distant  and  beautiful  prospect  of 
the  mountains  on  either  side  of  the  lake.  After  passing 
Isle  aux  Noix,  you  have  a  fine  view  of  the  mountain  of 
Chamblay,  on  the  top  of  which  is  a  lake  stored  with  excel- 
lent trout  and  perch.  Having  despatched  a  messenger  to 
Montreal  for  carriages  for  ourselves  and  baggage  ;  we 
crossed  the  river  to  go  to  a  tavern  on  the  east  side  of  the 
river,  about  a  mile  from  the  fort.  The  house  belongs  to 
Colonel  Hazen,  and  has  greatly  suffered  by  the  neighbor- 
hood of  the  troops.  There  is  scarcely  a  whole  pane  of 
glass  in  the  house,  the  window  shutters  and  doors  are 
destroyed,  and  the  hinges  stolen  ;  in  short,  it  appears  a 
perfect  wreck.  This  tavern  is  kept  by  a  French  woman, 
married  to  one  Donaho,  now  a  prisoner  in  Pennsyl- 
vania. 

2Sth.  We  remained  at  (.olonel  Hazen's  house. 
Several  batteaux  with  troops  arrived  this  day  and  yester- 
day evening  from  Ticonderoga,  and  most  of  them  fell 
down  the  river  this  day  to  Chamblay.  The  land  appears 
to  be  very  fertile,  and  well  adapted  to  pasture  ;  the  grass 
began  to  grow  fast,  although  the  frost  was  not  then  out 
of  the  ground,  the  surface  only  being  thawed. 

2gth.  Left  Colonel  Hazen's  house ;  crossed  over  to 
St.  John's,  where  we  found  our  calhhes  ready  to  receive 
us.  After  an  hour's  stay  spent  in  getting  our  baggage 
into  the  carts,  and  securing  the  remainder, — which,  for 
want  of  carts,  we  were  obliged  to  leave  behind  us — we 
set  off  from  St.  John's  for  La  Prairie,  distant  eighteen 
miles.  I  never  travelled  through  worse  roads,  or  in 
worse  carriages.  The  country  is  one  continued  plain 
from  St  John's  to  La  Prairie,  and  two-thirds  of  the  way 


TTW 


392         Charles  Carroll  of  Carrollton. 


,< 


■4  ! 


\\  :t 


•k 


I  j 


uncultivated,  though  deserving  the  highest  cultivation. 
About  five  or  six  miles  from  La  Prairie  you  meet  with 
houses  and  ploughed  lands,  interspersed  with  meadows, 
which  extend  as  far  as  you  can  see  ; — all  this  tract  of  land 
is  capable  of  being  turned  into  fine  meadow,  and  when 
the  country  becomes  more  populous,  and  enjoys  a  good 
government,  I  doubt  not  it  will  be  all  drained  and  made 
into  excellent  meadow  or  pasturage.  Without  draining, 
it  will  be  impossible  to  cultivate  it  in  any  way.  You  have 
no  view  of  the  St.  Lawrence,  or  of  Montreal,  until  you 
come  within  three  or  four  miles  of  La  Prairie.  At  La 
Prairie  the  view  of  the  town  and  the  river,  and  the  island 
of  Montreal,  together  with  the  houses  on  the  eastern  side 
of  the  St.  Lawrence,  form  a  beautiful  prospect.  As  far  as 
the  view  extends  down  the  river,  you  discern  houses  on 
either  side  of  it,  which  are  not  divided  from  each  other 
by  more  than  four  acres,  and  commonly  by  not  more  than 
two.  From  La  Prairie  you  go  slanting  down  the  river 
to  Montreal ;  this  passage  is  computed  six  miles,  though 
the  river,  in  a  direct  line  across  from  the  eastern  shore  to 
the  town,  is  not  more  than  three  miles.  Ships  of  three 
hundred  tons  can  come  up  to  Montreal,  but  they  cannot 
get  up  above  the  town,  or  even  abreast  of  it.  The  river 
where  we  crossed  is  filled  with  rocks  and  shoals,  which 
occasion  a  very  rapid  current  in  several  places.  We  were 
received  by  GENERAL  ARNOLD,  on  our  landing,  in 
the  most  polite  and  friendly  manner  ;  conducted  to  head- 
quarters, where  a  genteel  company  of  ladies  and  gentle- 
men had  assembled  to  welcome  our  arrival.  As  we  went 
from  the  landing  place  to  the  general's  house,  the  cannon 
of  the  citadel  fired  in  compliment  to  us  as  the  commis- 
sioners of  congress.  We  supped  at  that  general's,  and 
after  supper  were  conducted,  by  the  general  and  other 
gentlemen,  to  our  lodgings, — the  house  of  Mr.  Thomas 


\s  .i 


•rmmim 


Appendix  B. 


393 


Walker, — the  best  built,  and  perhaps  the  best  furnished 
in  this  town. 

May  lUh.  Dr.  Franklin  left  Montreal  to-day  to  go  to 
St.  John's,  and  from  thence  to  congress.  The  doctor's 
declining  state  of  health,  and  the  bad  prospect  of  our 
affairs  in  Canada,  made  him  take  this  resolution. 

I2th.  We  set  off  from  Montreal  to  go  to  La  Prairie. 
Mr.  John  Carroll  went  to  join  Dr.  Franklin  at  St.  John's, 
from  whence  they  sailed  the  13th. 

13th.  I  went  to  St.  John's  to  examine  into  the  state  of 
that  garrison,  and  of  the  battcaux.  There  1  met  with 
General  Thompson  and  Colonel  Sinclair,  with  part  of 
Thompson's  brigade.  That  evening  I  went  with  them 
down  the  Sorel  to  Charnblay.  Major  Wood  and  myself 
remained  in  the  boat  when  we  got  to  St.  Ther^se,  where 
the  rapids  begin  and  continue,  with  some  interruptions, 
to  Charnblay.  Flat  bottomed  boats  may  go  down  these 
rapids  in  the  spring  of  the  year,  when  the  water  is  high  ; 
— even  a  large  gondola  passed  down  them  this  spring  ; 
but  it  would  be  very  difficult,  if  not  impossible,  to  bring 
a  gondola  up  against  the  stream.  I  much  question 
whether  the  batteaux  could  be  brought  up  ;  certain  it  is 
that  the  labor  of  towing  them  up,  or  setting  them  up 
the  current  with  setting  poles,  would  be  greater,  and 
take  much  more  time,  than  carting  them  over  the  car- 
rying place  from  Chamblay  to  within  three  miles  of  St. 
Therese.  All  our  batteaux  which  shoot  the  rapids  and 
go  down  the  Sorel  to  Chamblay  and  th'  i-^c  brought  up 
again  to  St.  John's,  are  carted  over  the  carrying  place  on 
frames  constructed  for  the  purpose.  It  was  proposed 
by  some  to  bring  a  gondola^  built  at  Chamblay,  over 
land  three  miles  into  the  Sorel,  three  miles  below  St. 
Therese  ;  others  were  of  opinion  it  could  be  more  easily 
towed  up  over  the  rapids.      Chamblay  fort  is  a  large 


394  Charles  Carroll  of  Carrollion. 


s ; 


i" " 


m 


square  stone  building,  with  square  towers  at  each  angle, 
a  place  intended  only  as  a  protection  against  the  savages. 
I  saw  the  holes  made  by  a  six  pounder,  when  it  was  taken 
by  Major  Brown,  Major  Stafford  might  have  held  "* 
against  the  force  which  besieged  him  at  least  for  s 
days,  in  which  time  he  would  probably  have  been  relieved 
by  Carleton.  But,  by  Carleton's  subsequent  behaviour, 
when  he  made  an  attempt  to  go  to  the  relief  of  St.  John's, 
I  much  question  whether  he  would  have  taken  more 
effectual  measures  to  rescue  Stafford.  The  taking  of 
Chamblay  occasioned  the  taking  of  St.  John's  ;  against 
the  latter  we  should  not  have  succeeded  without  the  six 
tons  of  gunpowder  taken  in  the  former. 

14th.  I  returned  to  Montreal  by  La  Prairie  j  the 
country  between  Chamblay  and  La  Prairie  is  extremely 
fine  and  level,  abounding  with  most  excellent  meado 
ground  as  you  approach  the  St.  Lawrence,  with  rich  an 
land  round  about  Chamblay.  The  country  lying  between 
the  St.  Lawrence  and  the  Sorel  is  the  best  part  of  Canada, 
and  produces  the  most  and  best  wheat.  In  the  year  1771 
four  hundred  and  seventy-one  thousand  bushels  of  wheat 
were  exported  out  of  Canada,  of  which  two-thirds,  it  is 
computed,  were  made  in  the  Sorel  district. 

2Jst.  This  day  Mr.  Chase  set  off  with  me  for  the  mouth 
of  the  Sorel  ;  we  embarked  from  Montreal  in  one  of  our 
batteaux,  and  went  in  it  as  far  as  the  point  of  land  on 
the  north  shore  of  the  St.  Lawrence,  opposite  to  the  north- 
ern extremity  of  the  Island  of  Montreal ;  here,  the  wind 
being  against  us,  we  took  post  and  travelled  on  the  north 
side  of  the  St.  Lawrence  as  low  down  as  La  Nore,  where 
we  got  into  a  canoe,  and  were  paddled  down  and  across  the 
St.  Lawrence  to  our  camp  at  the  mouth  of  the  Sorel ; — it 
was  a  perfect  calm,  the  distance  is  computed  at  nine  miles. 
The  country  on  each  side  the  St.  Lawrence  is   level, 


mumci^-- 


Appendix  B. 


395 


1771 

'heat 

it  is 


rich,  and  thickly  seated  ;  indeed,  so  thickly  seated,  that 
the  houses  form  almost  one  continued  row.  In  ^;oinj; 
from  La  Note  to  the  mouth  of  the  Sorel,  wc  passed  by 
Brown's  battery  (as  is  is  called),  although  it  never  had  a 
cannon  mounted  on  it.  To  this  battery  without  cannon, 
and  to  a  single  gondola,  ten  or  twelve  vessels,  under  the 
command  of  Colonel  Prescctt,  surrendered.  Major 
Brown,  when  the  vessels  came  near  to  his  battery,  sent  an 
officer  on  board  requesting  Prescott  to  send  another  on 
shore  to  view  his  works.  It  is  difficult  to  determine 
which  was  greatest,  the  impudence  of  Brown  in  demand- 
ing a  surrender,  or  the  cowardice  of  the  officer  who,  go- 
ing back  to  Prescott,  represented  the  difficulty  of  passing 
the  battery  so  great  and  hazardous,  that  Prescott  and 
all  his  officers  chose  to  capitulate.  Brown  requested  the 
officer  who  went  on  shore  to  wait  a  little  until  he  saw  the 
thirty-two  pounders,  which  were  within  a  half  a  mile, 
coming  from  Chamblay  ; — says  he,  "  U  you  should  chance 
to  escape  this  battery,  which  is  my  small  battery,  I  have  a 
grand  battery  at  the  mouth  of  the  Sorel,  which  will  infalli- 
bly sink  all  your  vessels."  His  grand  battery  was  as 
badly  provided  with  cannon  as  his  little  battery,  for  not 
a  single  gun  was  mounted  on  either.  This  Prescott 
treated  our  prisoners  with  great  insolence  and  brutality. 
His  behaviour  justifies  the  old  observation,  that  cowards 
are  generally  cruel.  We  found  the  discipline  of  our 
camp  very  remiss,  and  everything  in  confusion  ; — Gen- 
eral Thomas  had  but  lately  resigned  the  command  to 
Thompson,  by  whose  activity  things  were  soon  put  on 
a  better  footing. 

22d.  We  left  our  camp  and  travelled  by  land  along 
the  eastern  bank  of  the  Sorel.  At  five  or  six  miles  from 
the  mouth  of  the  Sorel  the  country  grows  rich,  and  con- 
tinues so  all  the  way  to  Chamblay.     Near  the  mouth  of 


396         Charles  Carroll  of  Carrollton. 


i.' 


\ 


'f 


nil 


'is    !- 


m 


the  river  it  is  very  sandy.  This  part  of  the  country  is 
very  populous,  the  villages  are  large  and  neat,  and  joined 
together  by  a  continued  range  of  single  houses,  chiefly 
farmers'  houses.  These  are  the  rich  men  in  Canada  : 
the  seignieurs  are  in  gen-  al  poor.  They  were  constrained 
by  the  ordinances  of  ^le  King  of  France  to  lease  their 
lands  forever,  resf  vmg  two  dollars  for  every  ninety 
acres,  and  some  other  trifling  perquisites,  as  tolls  for 
grinding  wheat  ;  the  tenants  being  obliged  to  have  their 
wheat  ground  at  their  seignieurs'  mills.  It  is  conjectured 
that  the  farmers  in  Canada  can  not  be  possessed  of  less 
than  a  million  sterling,  in  specie  ;  they  hoard  up  their 
money  to  portion  their  children  ;  they  neither  let  it  out 
at  interest,  nor  expend  it  in  the  purchase  of  lands.  Be- 
fore we  left  the  camp  we  ordered  a  detachment  up  to 
Montreal,  under  the  command  of  Colonel  De  Haas,  con- 
sisting of  near  four  hundred  men,  to  reinforce  General 
Arnold,  and,  in  conjunction,  to  drive  off  a  party  of  the 
eighth  regiment,  who,  with  three  hundred  and  fifty  sav- 
ages, and  some  Canadians,  had  taken  our  post  at  the 
Cedars,  through  the  cowardice  of  Major  Butterfield,  and 
had  advanced,  on  the  25th  instant,  within  fifteen  miles 
of  Montreal. 

2jrd.  We  got  early  this  morning  to  Chamblay,  where 
we  found  all  things  in  much  confusion,  extreme  disorder 
and  negligence,  our  credit  sunk,  and  no  money  to  retrieve 
it  with.  We  were  obliged  to  pay  three  silver  dollars  for 
the  carriage  of  three  barrels  of  gunpowder  from  Little 
Chamblay  river  to  Longueil,  the  officer  who  commanded 
the  guard  not  having  a  single  shilling. 

24th.  Colonel  De  Haas's  detachment  got  into  Mon- 
treal this  evening  ;  the  day  before,  we  also  arrived  there, 
having  crossed  the  St.  Lawrence  in  a  canoe  from  Lon- 
gueil. 


Appendix  B.  2,0 y 

25th.  In  the  evening  of  this  day  Colonel  De  Haas's 
detachme-i  marched  out  of  Montreal  to  join  General 
Arnold  at  La  Chine  ;  they  were  detained  from  want  of 
many  necessaries,  which  we  were  obliged  to  procure  for 
them,  General  Wooster  being  without  money,  or  pretend- 
ing  to  be  so.  The  enemy,  hearing  from  our  enemies  in 
Montreal,  of  this  reinforcement,  had  retreated  precipi- 
tately  to  Fort  St.  Anne's,  at  the  southern  extvcin-'ty  of  the 
Island  of  Montreal,  and  from  thence  had  crossed  over  to 
Qutnze  Chtens,  on  the  north  side  of  the  St.  Lawrence 

29th.  We  left  Montreal  this  day  at  three  o'clock,  to 
go  to  Chamblay,  to  be  present  at  a  council  of  war  of  the 
generals  and  field-officers  for  concerting  the  operations 
of  the  campaign. 

30i/i.  The  council  of  war  was  held  this  day,  and  de- 
termmed  to  maintain  possession  of  the  country  between 
the  St.  Lawrence  and  Sorel,  if  possible  ;-in  the  mean- 
time to  dispose  matters  so  as  to  make  an  orderly  retreat 
out  of  Canada. 

31st.  Set  off  from  Chamblay  for  St.  John's  ;--all  things 
there  m  confusion  :— slept  at  Mrs.  Donaho's. 

yune  1st.  Crossed  over  this  morning  to  St  John's 
where  General  Sullivan  with  fourteen  hundred  men  had 
arrived  m  the  night  of  the  31st  past ;  saw  them  all  under 
arms.  It  began  to  rain  at  nine  o'clock,  and  continued 
raining  very  hard  until  late  in  the  evening  ;--slept  at 
Donaho's. 

2nd.  Crossed  over  again  to  the  camp  ;  took  leave  of 
General  Sullivan,  and  sailed  from  St.  John's  at  six  this 
morning,  with  a  fair  wind  ;-got  to  Point  au  Fer  at  one 
o  clock  ;-got  to  Cumberland  head  about  seven  o'clock 
P.M  ;  set  off  from  thence  about  nine,  and  rowed  all 
night.     We  divided  our  boat's  crew  into  two  watches 

3rd.    Breakfasted   at   Willsborough  ;   rowed   on   and 


r 


m 


M 


hJi 


m: 


398  Charles  Carroll  of  Carrollion. 

received  despatches  by  Major  Hickes  ;  got  to  Crown 
Point  half-past  six  o'clock,  p.m.  Set  off  at  eight,  rowed 
all  night,  and  arrived  at  one  o'clock  in  the  night  at 
Ticonderoga,  where  we  found  General  Schuyler. 

4th.  Set  off  this  morning  at  five  with  General 
Schuyler,  for  Skeenesborough,  and  got  there  by  two 
o'clock.  The  lake  as  you  approach  Skeenesborough, 
grows  narrower  and  shallower  ;  indeed  within  five  or 
six  miles  of  Skeenesborough,  it  has  all  tl  appearance  of 
a  river.  We  hauled  our  batteau  over  the  carrying  place 
at  Skeenesborough  into  Wood  creek.  This  carrying 
place  is  not  above  three  hundred  feet  across  ;  a  lock  may 
be  made  for  two  hundred  pounds  at  Skeenesborough,  by 
which  means  a  continued  navigation  would  be  effected 
for  batteaux  from  one  Chesshire's  into  Lake  Champlain. 
Major  Skeene  has  built  a  saw-mill,  gristmill,  and  a  forge 
at  the  entrance  of  Wood  creek  into  Lake  Champlain. 
Set  off  from  Skeenesborough  at  four  o'clock,  rowed  up 
Wood  creek  ten  miles,  to  one  Boyle's,  here  we  lay  all 
night  on  board  our  boat. 

^th.  Set  off  at  three  in  the  morning  and  continued 
rowing  up  the  creek  to  one  Chesshire's.  This  man  lives 
near  Fort  Ann,  built  by  Governor  Nicholson  in  1709 
The  distance  from  Skeenesborough  to  Chesshire's  is 
twenty-two  miles, — by  land,  fourteen  only  ;  from  this  it 
appears  that  Wood  creek  has  many  windings,  in  fact, 
I  never  saw  a  more  serpentine  river.  The  navigation  is 
somewhat  obstructed  by  trees  drifted  and  piled  across 
the  creek  ;  however,  we  met  with  little  difficulty  but  in 
one  place,  where  we  were  obliged  to  quit  our  boat,  and 
carry  it  through  a  narrow  gut,  which  was  soon  performed 
by  our  crew.  Two  hundred  men  would  clear  this  creek 
and  remove  every  obstruction  in  six  days'  time.  This 
measure  has  been  recommended  by  the  commissioners 


{^ 


.  "XiifjASHki'  " 


Appendix  B. 


399 


to  congress,  and  congress  has  complied  with  the  recom- 
mendation, and  orders  will  soon  be  given  to  General 
Schulyer  to  clear  it,  and  render  the  navigation  easy. 

I  set  off  with  General  Schuyler,  on  foot,  from  Ches- 
shire's,  at  one  o'clock  ;  walked  seven  miles,  and  then  met 
horses  coming  from  Jones's  to  us,  Jones's  house  is  dis- 
tant nine  miles  from  Chesshire's.  We  dined  at  Jones's, 
and  rode,  after  dinner,  to  Fort  Edward  ; — the  distance 
is  computed  four  miles  ; — Mr.  Chase  joined  us  this  even- 
ing. He  took  the  lower  road  and  was  obliged  to  walk 
part  of  the  way. 

6tk.  Parted  with  General  Schuyler  this  morning  ; 
he  returned  to  Fort  George  on  Lake  George.  We  rode 
to  Saratoga,  where  we  got  by  seven  o'clock,  but  did  not 
find  the  amiable  family  at  home.  We  were  constrained 
to  remain  here  all  this  day,  waiting  the  arrival  of  our 
servants  and  baggage. 

7//;.  Our  servants  and  baggage  being  come  up,  we 
left  Saratoga  this  morning  at  nine  ;  took  boat  and  went 
down  Hudson's  river  through  all  the  rapids,  to  Albany. 
The  distance  is  computed  thirty-six  miles.  We  arrived 
at  Albany  half  an  hour  past  five.  At  six  o'clock  we  set 
off  for  New  York  in  a  sloop  :  which  we  luckily  found 
ready  to  sail  ;  got  that  evening  and  night  twenty -four 
miles  from  Albany. 

8th.  Found  ourselves,  this  morning,  twenty-four 
miles  from  Albany  ; — at  seven  in  the  morning  wind 
breezed  up,  had  a  fine  gale,  and  got  below  the  highlands  ; 
— a  very  great  run. 

gth.  Arrived  at  New  York  at  one  o'clock,  p.m.  ; 
waited  on  General  Washington  at  Motier's ; — saw  Gen- 
erals Gates  and  Putnam,  and  my  old  acquaintance  and 
friend,  Mr.  Moylan.  About  six  o'clock  in  the  evening 
got  into  General  Washington's  barge,  in  company  with 


400  Charles  Carroll  of  Carrollton. 

Lord  Stirling,  and  was  rowed  round  by  Staten  Island 
and  the  Kilns,  within  two  miles  of  Elizabeth-town, 
where  we  got  by  ten  at  night. 

lOth.  Set  off  from  Elizabeth-town  half-past  five. 
Got  to  Bristol  at  eight  o'clock,  p.m.  : — at  nine,  embarked 
in  our  boats,  and  were  rowed  down  the  Delaware  to 
Philadelphia,  where  we  arrived  at  two  o'clock  in  the 
night. 


END   OF  VOLUME    I. 


. !  =* ' 


I.  :i 


»  '  i  '  M 


■  . 


'■':'l!l); 


1 1 


i 


i   i 


s^: 


in  Island 
eth-town, 

)ast  five, 
embarked 
aware  to 
k  in  the 


i' 


lilies,"   vol.    in* 

k  Francis  O'c'aroll  -^""f-'^d  Person  "  ("Con- 
'ons  of  Redmund  P  '''""'  '"''  '"  '""^  --'-  "^ 
fhn  James  O'Carioll  ''"^  ^«^'^"'°ved  by  Cromwell 

.  Francis  Augustine  r,'"^;  '"rrK°' •'"  """^'' 
tory.  South  Kensinll"''"^  t'  ''''""^^  "^  '^eir 
senior    representatif  ^""''"^'• 

'  only,  and  of  the  Ferganainm 
I'eige  CAOe.  English  titular 
the  legitimately  elected  Irish 
Oied  (as  in  the  present  instance.) 
■ival  or  usurping  branch  to  the 
VilHam,  brother  of  Teige,  was, 
1567,  for  a  similar  honour  bv 
rix." 


Daniel.  Sir 
rt.  This  gen- 
cipality  of  Ely 
I  Baron  of  Ely 
e  has  not  been 
Queen  Mary, 
n's  Magazine, 


n 


at  Frankfort-on-the- 
and  Records  in  Colh 
77- 

nburg,  1 83 1,  J./, 


:3=^ 


GENEALOGICAL   SYNOPSIS    OF   THE    O'CARROLL    PEDIGREE.    SH0W1N( 


Communicated  by  Frederick  John  O'Carroi.i,, 
A.B.,  'I'.C.D.,  to  the  Journal  of  the  Royal  Historical 
and  Arclurological  Association  of  Ireland,  for  October, 
1S83.     (Vol.  VI,  4th  Series.) 


5 


Maoi.roona. 


i 

RODERIC. 

"Anno.  1346,  occiditur  Thadeus  fdius  RoiWrici  O'Carwyl    princeps 
do    Elycarwyl.    vir   potens,    lociiplex    et   div.-    et  belHcosus  precipuiis 
Angbcorum  ininiicus  et  persecutor." — Annaisof  Friar  Clvn 
Teige. 


Teige.— Slain  at  Callan,  1407.  He  was  married~|[)  to  Joan,  daughter  of 
James,  second  Earl  of  Ormond,  gt.-granilsciii  of  King  Edward  1.  of 
England  ;  and  (2)  to  More,  daughter  of  lirian  O'Hrien,  King  of  Tho- 
niond  {vide  "A.  F.  M."  1383  and  1421).  The  "A.  E.  M."  style  him 
"a  general  benefactor  to  the  clergy  of  Inhmd."  His  daughter  was 
the  illustrious  Margaret  O'CarroU  of  Offaly. 

]\Taolro()NA  -HA-VeApige  (Melronius  Barbatus).  I'ounded  the  Franciscan 
Friary  of  Roscrea.  His  daughter,  C'athnrinr,  married  Sir  F,.  Hutier, 
who  died  1464,  a  quo  the  Earls  of  Ormond. 

John!  d.  14S9.     ("Annals  of  F.  M.") 


Maoi.koona,  d.  1532  ("A.  F.  M.") — styled  by  Earl  Surrey,  L.  E.,  in  1520, 
"the  moost  estemed  capeteyn  of  tiie  land." — Stale  Papers,  Hen.  VIII. 
vol.  II.  pt.  iii.  p.  35.  "Who  has  ever  been  one  of  the  king's  greatest 
enemies,  and  done  most  hurt  to  the  kin^;'s  subjects." — Carew  MSS., 
1525.  "The  noblest  and  most  ilbistrious  ( laeidhel  that  was  in  Leth 
Modha." — .hma/s  of  Loch  Ce.  His  daughlcr.  More,  married  James, 
fifteenth  Earl  of  Desmond,  and  was  motiier  of  Ccrald,  sixteenth  Earl, 
"  Ingens  reiiellibus  exemjiiar,"  allaiiite<l  .ami  slain,  in  1583,  for  up- 
iioKling  the  cause  of  Catholicity. — Vide  Lod'^r.  C'lrace,  another  daugh- 
ter of  Maolroona,  was  wife  of  first  Earl  of  Clanrickard,  and  mother  of 
second  Earl. — Vitle  Carew  MSS.,  1544,  and  ('nx.  //;'/'.  .'7//;^,  1545. 

Ferganainm  fvir  sine  nomine),  si.  1541  ("A.  F.  ]\1.").  Married  the  daughter 
Gerald,  ninth  Earl  of  Kildare — sister  of  "  Silken  Thomas." 


Tkige  CAOd.  created  Lord 
Baron  of  Ely,  1552. 


Teige. 
Maolroona. 


Sir  Chaki.es, 
si.  1 600. 


John  (7'/^/^' "Cal.  of  State  Ba-  Chari.es. 
pers,"    1612-13 ;     and  I 

"  Fun.  Ents  "  vol    ii.  cimrles.  ) 
p.   103  ;        B.   and  C  ,  /  ,    , , 

John.    Rolls."  1604  &  1627).  ^     |  invented  b 


y  Betham. 


Charles. 


Charles. 


Charles  (of  Annapolis),  a  quo,  through  the  female  line.  General  Carroll,  of 
"  The  Caves,"  Baltimore. 


SiK  William  Ot)A^.— In  a  letter  of  Queen 

Elizalu-tli,  dated   June,  11,   1567,  she    j 
says  "  O'Carroll  to  be  made  a  Baron 
as   his   brother  was,  and  to  hold  his 
lands  in  cafite." — State  Papers. 

Sir  Maolroona,  kniglited  1603. 


RODERIC. 


to 


^L^^^^'NCE^  (t-ionti)  OCAKKOLL.   King  of  Ely. 

Tatheus  (Tkige)  0'CAUKo,,,.._This  is  the  Chief  who, 
the  casket  of  the  cdel)rated  relic  known  as  "  '! 
copy  of  the  (Jospcls,  i"^f.,  written  ^r  St.  Cront 
he  labrary  of  Triniiy  College,  Dublin.  Betha 
Kesearches,  '  erroneously  places  this  Teige  i 
twelfth  century  "  ;  he  tlourishe.l  in  the  thirte 
descent  from  CMimll  i-fn,„i  whom  the  patroi 
led  the  Ehans  at  tlu'  B.^tHe  of  Clontarf,  a  n    i 


Donough,  of  Modreeny  and  Buolebrack,  ( 
of  Ely,  1536.  ("Annaisof  F. 


.  Calvach. 

This  Calvach  and  his  brother  Teige 
were  joint  Chiefs  of  Ely  ("  Cal.  of  Carew 
MSS."  July  2,  1541).  They  were  ousted 
by  W'llliam  Ot)At\.  in  1554,  and  Calvach 
slain.  Ware,  Cox,  &c,,  state  that,  in 
155*?.  Teige  O'Carroll  was  appointed 
Chief  by  the  Lord  Deputy  and  C:ouncil. 


Teige.' 


lii 


\N. 


n. 


ONOUGH. 


I  UNI 


EL." 


|oHN,  married  Margare 
of  O'Crean,  by  Ma 
dau.  of  seventeenll 
Athenry. 


r" 


Sir  Daniel  O'Carroll,  Knight  of 
St.  Jago,  of  Beagh  ;  d.  1750. 


"Nov.  4.— Sir  Daniel  O' 
Carroll,  Knight  of  the  Order 
of  Arragon  in  Spain,  Baronet 
of  Gt.  Britain,  and  Lieut. - 
General  of  His  Majesty's 
Forces." — London  Afa^s^azine, 
1 7  50-  t^ide  Betham's"  ' ' Bar- 
onetage," vol.  V.  ;    "  List  of 


Baronets    of 
Scotland,"   p. 
creation,  Feb. 


Engl.ind  and 
XXX  ;  date  of 
18,  1742. 


Redmund  O'Ca 
of  Ardagh, 


Will  proved  July  17,  1755. — ' 
time  a.Ljo,  greatly  lamented  for  his 
excelknciesand  good  qualities,  Re 
O'Carroll,  of  Ardagh,  in  the  cou 
Gabva)',  Esq.,  by  whose  death  a 
some  fortune  devolves  to  his  eldei 
Kemy  <  )'Carroll,  now  on  his  trav( 
Palknn's  Journal,  June  24  to  28, 

A  quo  present  native  represei 
branch.  Ct. -grandfather,  through 
eldest  son  Kemy,"  of  the  late  Ret 
Peter  O'Carroll  {vide  Burke's  Vicisi 
of  Families."  vol.  i.,  p.  39S),  i 
Frederick  Francis  O'Carroll. 

The  sons  of  Redmund  Peter,  vi 
Rev.  John  lames  O'Carroll,  S.  J 
the  Rev.  I'rancis  Augustine  O'Cari 
the  Oratory,  South  Kensington,  a 
present  stnior  rej)resentatives  o 
family. 


Sir  I'AN'iEL.  Sir 
"Jan.  30,  died  Sir  Daniel  O'Carroll,  Bart.  This  gen- 
tleman's ancestor,''  on  surrendering  his  principality  of  Ely 
O'Carroll  to  King  Edward  VI.,  was  created  ISaron  of  Ely 
in  1552,  as  on  the  Irish  Records,  but  the  title  Ii.in  not  been 
assumed  by  the  family  since  the  reign  of  (^tit;en  Mary, 
though  never  under  forfeiture." — Gentle/nans  .Magazine, 
1758. 


ohn. 


Sir  John  Whitley  O'Carroll,  Bart.  ;  died  at  !•  raiddort-on-the-Maine 
13,  1818.  Vide  Gentleman's  Magazine,  and  Records  in  College  of  . 
London.     VvSl^  ^^o  Annual  Register,  1777. 

Sir  Jervoise  O'Carroll,  Bart.  ;  died  at  Hambunr,  1831,  r. /. 


iREE,    SHOWING    THE    RELATIVE    POSITIONS    OF   THE    BRANCHES. 


AKKOLL,   King  of  Ely,  d.   1205.     ("Annals  of 

If..— This  is  the  Chief  whose  name  is  inscribed  on 
lebrated  relic  known  as  "  The  i?ook  of  Dimma,"  a 
',  <S:i..  written  ^r  St.  Cronan.  It  is  ])reserved  in 
ly  College,  Dublin.  Bethain,  in  his  "Anli(|uarian 
(oiisly  places  this  Teigc  in  "the  middle  of  the 
lie  tlourished  in  the  thirteenth,  lie  is  tenth  in 
11'— from  whom  the  patronymic  is  derived— who 
"  n.illle  of  Clonlarf,  a.d.  1014. 


(odreeny  and  Buolebrack,  Chief 
I'^ly.  153^'.  ("Annals  of  K.  M.") 

i 

K  rAN. 

I 

I 

I'ONOUGH. 


i'A.MKI..'' 

1 

John,  married  Margaret,  dau. 
of  O'Crean,  by  Margaret, 
dau.  of  seventeenth  Lord 
Athenry. 


light  of       Rkdmond  O'Carroli., 
750.  of  Ardagh. 

jiroved  July  17,  1755.—"  Some 
I),  greatly  lamented  for  his  many 
iciesand  good  qualities,  Redmund 
>11,  of  Ardagh,  in  the  county  of 
,  Esq.,  by  whose  death  a  hand- 
irtime  devolves  to  his  eldest  son, 

)'Carroll,  now  on  his  travels."— 
-'.V  Journal,  June  24  to  28,  1755. 
to  present  native  representative 
(It. -grandfather,  through  "his 
oil  Remy,"  of  the  late  Redmund 
|'C;irroll  {v'uic  Burke's  Vicissitudes 
lilies,"  vol.  i.,  p.  398),  and  of 
ck  Francis  O'Carroli, 
sons  of  Redmund  Peter,  viz.,  the 
ohii  James  O'Carroli,  S.  J.,  and 
I.  Francis  Augustine  O'Carroli,  of 
itory,  South  Kensington,  are  the 
siiiior    representatives     of     the 


.  Dantf.i..  Sir 
art.  This  gen- 
icip;ility  of  Ely 
d  ISaiiMi  of  Ely 
tie  iuT*  not  been 
f  (,)iieea  Mary, 
ans  Magazine, 


OHN. 


O 

o 


o 
o 


Hamkl,  settled  at  I.iiterluna. 

I 
I 

DONOUGH,  ^CAfS,  d.   130(1. 

William,  itl^inn  (Gvlielmus  Fvi-mosusJ. 
DoNOi'GH,  d.  1377.  ("An.  E.  M.") 

RODKRIC. 


2 


IMniel. 

ROUKRIC* 
DONOUGH.* 

j    Teige. 


DoNOUGir. 
Danikl. 

Anthony. 

I 
I 

Daniel,  of  Lilterhina. 


Omitting  Ko  leric  and  Donough, 
marked  thus  *.  this  pedigree  cor- 
res]K)n(ls  uxaiMv  with  the  "  l.inea 
Aniiqua,"  ami  it  is  actually  so 
given  in  anoilur  part  of  the  Car- 
roUton  MS.  .A  comparison  of  the 
dates  with  tin-  number  of  genera- 
tions, howevir,  corroborates  the 
accuracy  nf  tiir  version  irivcn  in 
te.\t. 


Charles,  settled  in 
Maryland,  1688. 

Charles. 

Charles,  d.  1833  ; 
the  last  survivor  of 
the  Signers  of  the 
Declaration  of  In- 
dependence. 
A  quo — 

Charles  Carroll, 
now  of  Carrollton, 
and  Hon.  John  Lee 
Carroll,  ex-Covernor 
of  Maryland. 


Antii 
eldest  SI 
terluna. 
From  1  li 
his  son 
Lord  (), 
Dragdic 
R.  Car: 
F.  I  'am 
Alfrc! 
New  \o 


(>NY,of  Lisheenboy, 
'i\of  Daniel,  of  Lit- 
Will  proved  1 724. 
is  Anthony,  through 
.!  imes,  a  captain  in 
'iigan'sRegim  '-'.of 
IN  descend  .Snthf  ny 
"11,  and  Redmond 
il,  of  Dublin  ;  and 
I  udlow  Carroll,  of 
'rk*. 


'  Carroll.— \s,  sevenil   hk- 
the  name  are  comniiiiily  nivrn 
one  on  no  less  .an  .luthdriiy 
via!.,  "cet\bAll  signifies  ..  » 
being  etyniologically  akin  t> 
"National  MS.S.  of  Irol.m'l, 

'  Tief;e.—'X\\\%   Tcige   ()'(.,. 
'I'j-iKC  More  t)'Hrien,  brotluT    ' 
son  of  Conor  O'Brien,   liy  Ah 
Earl  of  Desmond.     Ttiroii^;!. 
Teige  O'Carroli  trace  to  Kihv 

Edward  I. 


less  erroneous  derivations  for 

:  may  be  well  to  state  the  correct 

n  "King  Corniac's  Clossary," 

ke  champion,"  the  last  syllable 

Latin  helium.     (I'i,/,-  (lilbcrt's 

I  III.  XXX,  n.) 

II  married  Sarah,  daii;;hter  of 
>'Hricn,  Fari  ..'  'rhomond,  and 
l.niKhterof  .M;ipricf  iMt/^cndd, 

IS  marriage  the  dosccndanls  of 
I.,  King  of  England,  thus:— 


Elizabeth  =  Hnniphri>  Bohiirn,  Earl  of 
I         Hercfoiiinnd  Essex. 


Eleanor  --  James,  first  Ejrl  ,f  Ormond. 

James,  second  Earl  of  Ornioiid. 

I 
Eleanor  -  Gerald,  fourth  I-  hI  of  Desmond. 


James,  seventh  Earl  of  Disiii,.nd 
Thomas,  eighth  Earl  of  hesmond. 
Maurice,  tenth  Earl  of  Desiii.Mui. 
Alice  rr:  Conor  O'lirien,  Kinu  -.f  Tliomond. 

r 

leige  More  O'Brien. 

Sarah  -  Teige  O'Carroli. 

■■'  D,tn:el.~\n  the  pedigree  of  O'Cnrn-lI  in  Ulster's  Office,  Dub- 
lin Castle,  this  Daniel  is  erroneously  .iiiiited,  and  John  repre- 
sented as  son  of  Donough.  In  the  .riiriiial  Connaught  Certificate 
the  lands  of  Be.igh,  &c.,  are  granted  to  -  John  Carroll,  ^randsoH 
and  heir  of  Donnogh  Carroll,  a  trans|il,inted  person"  ("Con- 
naught  Certificates,"  iv.  60).  D.inicl  died  in  the  service  u( 
Charles  I.  John  "at  5  years  of  age  v., is  removed  by  Cromwell 
into  Connaught,  thereby  to  destn  y  the  interest  of  his  fannly, 
who  were  in  all  ages  known  to  sl.md  tor  the  liberties  of  their 
country. •'-/V<z'4^r^,.  0/ .Sir  Daniel  r''(  -.n^-oll. 

*  Ancestor. —CoXUtnA  ancestor  onlv.  .uid  of  the  Eerganainm 
branch,  the  allusion  being  to  TeiL'r  CO^oc-  English  titular 
honours— deemed  derogatory  by  the  u-vitimately  elected  Irish 
chieftains  -were  frequently  bestowwl  n,-.  in  the  present  instance.) 
v,ith  the  object  of  attaching  some  rival  or  usurping  branch  to  the 
interest  of  the  Government.  Sir  William,  brother  of  Teige,  was, 
as  we  h.ave  seen,  nominated,  in  1567,  f  t  a  .similar  honour  by 
Elizabeth,  "scelerum  nutrix  et  tutrix.' 


1  at  !•  lankfort-on-the-Maine,  July 
and  Records  in  College  of  Arms, 

777- 


imbuiir,  1831.  -f'/' 


